 Section 5 ( 3 ) of the Act states that it is immaterial whether the defendant 's belief is justified as long as it is an honest belief , and therefore creates a subjective test to be assessed by the court or jury . In Chamberlain v. Lindon ( 1998 ) , Lindon demolished a wall to protect a right of way , honestly believing that it was a reasonable means of avoiding litigation . It was said that : 
