Criminal Defences- Self Defense Flashcards
What actions does self defence cover?
Actions taken to defend ones self and also actions taken to defend another person
What is the additional statutory defence that covers self defence?
Prevention of crime under S.3 (1) of the Criminal Law Act 1967-
Allows a person to use reasonable force, based on the circumstances of the event to prevent crime
What are the two main questions to ask when determining self defence?
- Was the use of force necessary? If so,
- Was the force used reasonable in the circumstances
Who determines whether the force was necessary?
Question is left for the jury to decide based on circumstances for each case
What legislation makes it clear that a person is not under a duty to retreat?
Section 6A of the Criminal Justice and Immigration Act 2008
However, the possibility that a person could have retreated is to be considered as a relevant factor when deciding if force was necessary
What does R V Hussain and Another tell and what happened?
If attacker is running away then it is highly unlikely that a degree of force would be necessary
Defendants house broken into, one of the D`s sons manage to escape and told uncle who then chased and caught one of the men and beat him up- charged with GBS as original attack was over when chasing man
What do courts now consider following ruling in R V Hussain?
- Whether the person could have retreated from the situation
- Whether the threat was imminent
- The fact that force can be used against a third party to prevent crime
- Whether the defendant made some mistake which caused him to think action was justified
What is meant by an imminent threat?
D will only be justified in reacting to a threat which is imminent
Does not mean D must wait until hit before hitting back, but does have to be some immediacy about the threat
Which two cases have the courts tried to balance the issue of imminence?
Attorney Generals Reference No 2 of 1983
Malnik V DPP
What happened in Attorney Generals Reference (No 2 of 1983)?
D was a shop keeper in which his shop was in the centre of extreme riots taking place. His shop was damaged and after this, in fear of another attack he made 10 petrol bombs to protect himself. Charged with offences under S4 of Explosive Substances Act. D was acquitted after raising defence of self defence.
Defence could be allowed for offences based on possession in preparation of attacks provided possession ceases when attack is no longer imminent
What happened in Malnik v DPP?
D went to visit a man who he believed had stolen some valuable cars who belonged to an acquaintance. Suspected thief was known for being violent so D took a martial arts weapon. D was arrested whilst approaching the house. Self defence was not allowed as D had created the dangerous situation himself by choosing to go to the man`s house.
What does the ruling of both Attorney General Reference (No 2 of 1983) and Malnik say?
Ruling in A-G Reference allows for D to have a pre-emptive strike to defend themselves
Malnik v DPP restricts the rule to when D creates a dangerous situation
What does R V Keane tell and what happened?
Where D was the aggressor or deliberately provokes the victim to punching them, no guaranteed right to rely on self defence. Self defence may arise in case of original aggressor but only where violence offered by the victim was so out of proportion to what the original aggressor did
What is meant by the force against a third party?
Defence of self defence can succeed if D has used force towards the victim to prevent a third party from committing a crime
R V Hitchens- D assaulted flatmate by grabbing throat to prevent letting her abusing ex boyfriend into flat
What is meant by a genuine mistake regarding self defence?
Where D makes a genuine mistake, the jury have to decide whether force was necessary in the circumstances that the D honestly believed- more difficult to decide if D honestly believed they were being threatened
If decided D did genuinely did believe it then self defence can be used
R V Gladstone Williams
