Self-defence

Question 1

What type of self-defence falls under common law?

Answer 1

Self-defence and defence of property

Question 2

What statute amends common law self-defence?

Answer 2

Criminal Justice and Immigration Act 2008

Question 3

What type of self-defence is a statutory defence?

Answer 3

The prevention of crime or assisting or effecting a lawful arrest

Question 4

What statute governs the prevention of crime or assisting a lawful arrest?

Answer 4

S.3 (1) Criminal Justice Act 1967

Question 5

What was held in R v Gladstone Williams?
(Self-defence)

Answer 5

His conviction was quashed as he had a mistaken view of the facts

Question 6

What was held in Beckford v The Queen?
(Self-defence)

Answer 6

The Privy Council decided the need to test for self-defence and it must be that D believes the use of force was necessary

Question 7

What is stated in S.76 (3) Criminal Justice and Immigration Act 2008?
(Self-defence)

Answer 7

Was the degree of force reasonable in the circumstances

Question 8

What is stated in S.76 (4)(a) Criminal Justice and Immigration Act 2008?
(Self-defence)

Answer 8

Defendant’s perceived threat must be reasonable

Question 9

What is stated in S.76 (4)(b) Criminal Justice and Immigration Act 2008?
(Self-defence)

Answer 9

The belief of threat was genuine and relies on the force used

Question 10

What is stated in S.76 (4)(b)(ii) Criminal Justice and Immigration Act 2008?
(Self-defence)

Answer 10

The mistaken belief of the facts must be reasonable to make

Question 11

What is held in S.76 (5) Criminal Justice and Immigration Act 2008?
(Self-defence)

Answer 11

The mistaken belief of the facts cannot be relied upon if caused by intoxication

Question 12

What was held in R v Seun Oye?
(Self-defence)

Answer 12

Delusions of the mind and mental illness is not taken into account for self-defence

Question 13

What was held in R v Bird?
(Self-defence)

Answer 13

Withdrawing or showing an unwillingness to fight is good evidence but is not required for a pre-emptive strike

Question 14

What was held in R v Rashford?
(Self-defence)

Answer 14

The defendant will only lose the defence when acting as an aggressor for the whole situation

Question 15

What is stated in S.76 (6) Criminal Justice and Immigration Act 2008?
(Self-defence)

Answer 15

Except in a householder case, force which is disproportionate will be unreasonable.

Question 16

What was held in R v Clegg?
(Self-defence)

Answer 16

Because the fatal shot was fired as the car went past, he could not rely on self-defence

Question 17

What was held in R v Martin?
(Self-defence)

Answer 17

Self-defence was rejected as danger had passed.

Question 18

What was held in R v Ray?
(Self-defence)

Answer 18

In a householder case:
- Force used must be ‘grossly disproportionate’.
- The degree of force must be reasonable in the circumstances

Question 19

What is stated in S.3(1) Criminal Law Act 1967?

Answer 19

Reasonable force in the circumstances may be used in assisting in a lawful arrest or preventing a crime