Defence - Self-defence

Question 1

Where do you find the statute basis for self-defence?

Answer 1

S.76 of Criminal Justice and Immigration Act (CJIA) 2008

Question 2

Is self-defence also a common-law based offence?

Answer 2

Yes

Question 3

What are the requirements of the defence?

Answer 3

(1) D must have an honest/genuine belief
(2) must be proportionate response
(3) imminence

Question 4

Which case established that the reasonableness of D’s actions must be judged on the facts as he believed them to be, even if mistaken?

Answer 4

Williams (Gladstone) (1984)

Question 5

Which case established that a genuine belief, even when unreasonable suffices but that reasonableness is evidentially relevant?

Answer 5

Beckford [1987]

Question 6

Which case established that a D cannot rely on self-defence if his mistaken belief in the need to use force was because he was voluntary intoxicated?

Answer 6

O’Grady [1987]

Question 7

Where in statute, is the reliance on self-defence prohibited when the mistaken belief arises because of voluntary intoxication?

Answer 7

S.76(5) CJIA 2008

Question 8

Where in statute is the proportionate response considered?

Answer 8

S.76(6) and (7)

Question 9

In which case was the jury advised that when assessing proportionality to remember that the balancing exercise by D was not done in calm analytical atmosphere of the courtroom but brief seconds under stress?

Answer 9

AG’s Ref for N.I. (No 1 of 1975)

Question 10

In which case was it held that D cannot be expected to weigh proportionality to an exact nicety, the degree of defensive action?

Answer 10

Palmer [1971]

Question 11

Which case established that the level of force must be reasonable in response to the facts as D believed them to be?

Answer 11

Owino [1996]

Question 12

In which case did the court hold that mistake induced by mental illness was irrelevant to considering the proportionality of force used?

Answer 12

Martin [2002]

Question 13

Where in statute is the limit that in householder cases, the degree of force is not reasonable if it is grossly disproportionate?

Answer 13

S.76(5A) CJIA 2008

Question 14

In which case was it stated that the fact that the force is not grossly disproportionate (in householder cases) does not necessarily make it reasonable? It depends on the circumstances.

Answer 14

R (on application of Collins) v SoS for Justice [2016]

Question 15

Which case established that self-defence cannot operate as a partial defence?

Answer 15

Clegg [1995]

Question 16

If there is an opportunity to escape is D expected to take it?

Answer 16

Yes but not under duty.

Question 17

In which case could the preparing and holding of petrol bombs to protect shop and family be self-defence as long as only holding onto them when could not be protected by police?

Answer 17

AG’s Ref (No 2 of 1983)

Question 18

In which case was it said that ‘a man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot, circumstances may justify a pre-emptive strike’?

Answer 18

Beckford [1988]