Defence: Self-Defence Flashcards
What act set the provisions for self defence?
Criminal Justice and Immigration Act 2008 (CJIA), s.76.
What are the requirements needed in order to use the defence of self-defence
The D believed the use of force was necessary in the circumstances
The amount of force used by the Defendant was reasonable.
The D believed the use of force was necessary in the circumstances - what kind of test it is with cases part 1 (use the exceptions)
Is a subjective test - means it is personal to what the D thought was necessary
Hussain - the danger cannot be over
Malnik - danger has to be imminent
Keane - the threat cannot be self-induced
The D believed the use of force was necessary in the circumstances - what kind of test it is with cases part 2 (use the exceptions)
Bird - There is no need to
show a reluctance to fight
s.76(6A) Criminal Justice and Immigration Act 2008 - There is no duty to retreat
Gladstone Williams - A genuine mistake as
to the necessity of force is allowed
O’Grady - Unless there is intoxication
The amount of force used by the Defendant was reasonable - a section of the CJIA and what it says
s.76(7) - a person acting for a legitimate purpose may not be able to ‘weigh to a nicety’ the amount of force needed in response
The amount of force used by the Defendant was reasonable - what cannot be considered and cases
A defendant’s psychiatric illness cannot be taken into account here – even if it has affected their reaction to the attack.
Martin
Oye
The amount of force used by the Defendant was reasonable - rules for householders - the statute - what questions does it ask?
s.43 Crime and Courts Act asks two questions:
1. Was the response grossly disproportionate to the threat(if it was only disproportionate and not gross then the defence is allowed)
2. Was the force reasonable (Ray)
The outcome of using the defence - remember the case also
Case of Clegg indicates no reduction from murder to manslaughter
Complete defence for all crimes - either no charge or full charge
