Crime: Self-defence

Question 1

What is the test for self-defence?

Answer 1

• D must honestly believe that it was necessary to use force - subjective
• The force used must be reasonable - objective
  But judged on the facts as D believed them to be

Question 2

What does self-defence apply to?

Answer 2

• protect themselves
• protect someone else
• protect property
• prevent a crime
• assist in arrest

Question 3

Law on self-defence

Answer 3

Force used in self-defence must be necessary and proportionate. The defendant must have a genuine belief that force is necessary (D honestly believed that the use of force was necessary)

Question 4

What is the result of successfully arguing self-defence?

Answer 4

It is a complete defence
- if it fails in any way, the defence fails in its entirety

Question 5

What happens where D is charged with murder and defence of self-defence fails

Answer 5

The jury may convict D of the lesser offence of voluntary manslaughter on basis of loss of control

Question 6

How is the trigger for self-defence judged

Answer 6

D honestly believed the use of force was necessary
- judged on the facts as the subjectively believed them to do, whether belief is reasonable or not

Question 7

What happens if the mistake is induced by voluntary intoxication

Answer 7

If the mistaken belief is due to voluntary intoxication, the defendant cannot rely on their mistake

Question 8

Subjective/objective elements to self-defence

Answer 8

1. Did the defendant honestly believe the use of force is necessary to defend themselves, another or prevent a crime - subjective
2. Was the degree of force reasonable in the circumstances as the defendant believed them to be - objective limb with a subjective element

Question 9

Legal standard of self-defence (non-householder case)

Answer 9

Focuses on what the defendant honestly and subjectively believed to be necessary at the time

The force must be ‘reasonable in the circumstances as Defendant believes them to be’

Question 10

Does the subjectivity of self-defence allow for mistakes?

Answer 10

The subjectivity of ‘force reasonable in circumstances as D believed them to be’ does include mistakes in belief AS LONG AS those mistakes were genuinely held

• can plead self-defence if there is a genuine belief in the use of force being reasonable