Henwood v Municipal Tramways Trust

It was held that although he was breaking the law, he was still under the protection of the law, and as such the Tramways Trust was liable for negligence in allowing him to be struck.

"It was there held that there is no general rule denying a person who is doing an unlawful act the protection of the general law imposing upon others duties of care for his safety."^[3]

This makes more sense when you look at another example, again mentioned by Finnegan P, of an occupier who shoots someone breaking into the house, such as Revill v Newbery,^[4] where the defendant shot the plaintiff who was breaking and entering. The defendant, or the occupier, was held liable for criminal damages, even though it was in defence of his home. In that case the plaintiff was also held liable for trespass.

• Municipal Tramways Trust