1B - Self Defence - Case List

Question 1

Beckford

Answer 1

‘a man about to be attacked doesn’t have to wait for his assailant to strike the first blow or fire the first shot’, circumstances may justify a pre-emptive strike

Question 2

Cousins

Answer 2

CoA quashed conviction, held it was lawful to excuse a threat to kill if it is made in the prevention of crime or for self defence, provided its reasonable in the circumstances

Question 3

AG Ref (No 2 of 1983)(1984)

Answer 3

CoA held that someone who fears an attack can make preparations to defend himself even if the preparations involve breaches of the law

Question 4

Bird

Answer 4

Did the D act reasonably and in good faith of self defence?

Question 5

Gladstone Williams

Answer 5

CoA quashed conviction because jury should have been told if they thought the mistake was genuine, they should judge D accordingly to his genuine mistaken view of facts

Question 6

Owino

Answer 6

The test for providing whether force was reasonable was neither a purely objective nor subjective test. Test = whether a person used such force as was objectively reasonable in the circumstances as they believed them to be

Question 7

Clegg

Answer 7

D could not use self defence as no danger when he fired the final shot. Force was excessive in the circumstances and conviction for murder upheld

Question 8

Martin (Anthony)

Answer 8

Personality disorders couldn’t be taken into account for self defence

Question 9

Hussain

Answer 9

Held they could not use self defence as all danger to D from original attack was over

Question 10

Collins v Sec State for Justice

Answer 10

Refused D’s defence of ‘householders defence’. Act didnt direct that any degree of force less than grossly disproportionate was reasonable