Criminal 6 - Self defence

Question 1

What can self defence only be used to protect against?

Answer 1

Imminent attack of physical force (not a threat to one’s peace of mind)

Question 2

What is the test for self defence?

Answer 2

• D honestly believed use of force was necessary
• Level of force was objectively reasonable in the circumstances as D believed them to be

Question 3

What kind of defence is self-defence?

Answer 3

A complete defence against all crimes

Question 4

Is anticipatory self-defence allowed?

Answer 4

Yes

Question 5

Can self-defence be used by an antagonist?

Answer 5

Yes

Question 6

Can force be used against an innocent party?

Answer 6

Yes to prevent a crime being committed by someone else or to protect themselves

Question 7

What is the test for proving self-defence?

Answer 7

1. D honestly believed use of force was necessary
2. Level of force used was objectively reasonable in the circumstances as D believed them to be:
   - Non-Householder Cases: not reasonable if disproportionate
   - Householder Cases: not reasonable if grossly disproportionate: (i) was force grossly disprop in circumstances as D believed them to be (ii) whether level of force was reasonable