Defence - Self Defence

Question 1

Which act defines the defence of Self Defence

Answer 1

s76 Criminal Justice and Immigration Act 2008 (CIJA)

Purpose to improve understanding

Question 2

Define Self Defence

Answer 2

Under Common Law, Self Defence is established when D uses reasonable force to protect himself from an attack which he honestly believed he would be subjected to

Question 3

Which case set the requirements of Self Defence and what are these

Answer 3

Palmer [1971]

Subjective - D honestly believed use of force necessary

Objective - Force used by D was reasonable in the circumstances to protect himself

Question 4

What was decided in the case of Williams (Gladstone) [1987]

Answer 4

If D makes a mistake but had belief force was necessary and honest they can rely on defence of self defence

Question 5

Which case decided when it was not sufficient for defence of Self Defence

Answer 5

Clegg [1995]

Intoxication and disproportionate force not self defence

Question 6

Three further cases of Self Defence

Answer 6

Smith

Golding

Beckford