7. Defences Involving Other People - Self Defence Flashcards
Outline the justification for using force in self-defence set out in s48 ca61?
48 Self-defence and defence of another
Every one is justified in using, in the defence of himself or another, such force as, in the
circumstances as he believes them to be, it is reasonable to use.
In relation to self-defence, when can force be used?
The test is subjective as to the initial need to use force in self-defence. Force may possibly be used before any actual bodily harm or threat is received, merely to escape from or break out of a threatening or dangerous situation.
What test is applied to self-defence in s48?
Section 48 then introduces a test of reasonableness which involves an objective view as to the degree and manner of the force used.
Outline the criteria used to test the degree of force?
Must Know
The degree of force permitted is tested initially under the following
subjective criteria:
* What are the circumstances that the defendant genuinely believes exist (whether or not it is a mistaken belief)?
* Do you accept that the defendant genuinely believes those facts?
* Is the force used reasonable in the circumstances believed to exist?
Under what section does liability arise if the force is unreasonable?
If the force used is clearly unreasonable, then
the liability of excessive force may arise under s62 of the Crimes Act 1961.
Who decides the evidential threshold for self defence?
The judge decides whether evidence that could be the basis for self-defence under s48 of the Crimes Act 1961 is fit to be left to the jury.
In what circumstances should self defence not be put to the jury?
Must Know
Self-defence should be put to the jury unless it would be impossible for the jury to entertain a reasonable doubt that the defendant had acted in the defence of him or herself or another within the terms of s48.
Can self-defence be used as a defence where a pre-emptive strike is used?
It is possible for self-defence to be raised as a defence, even if the defendant has used a pre-emptive strike against the victim.
What did the court say in R v Ranger?
Must Know
The Court found that “if this defendant did really think that the lives of herself and her son were in peril because of the deceased, enraged after the struggle, might attempt to shoot them with a rifle near at hand, then it would be going too far, we think, to say that the jury could not entertain a reasonable doubt as to whether a pre-emptive strike with a knife would be reasonable force in all the circumstances.”
