DEFENCES Self Defence

Question 1

Definition of Self Defence

Answer 1

A person can use force as is reasonable in the circumstances to defend himself or another or his property

Question 2

What are the 2 things you need to establish in self defence

Answer 2

Was there a necessity of force?

Was the force used by D reasonable in the circumstances that D perceived them?

Question 3

First step of self defence

Answer 3

Necessity of force

Question 4

Cases and law for necessity of force

Answer 4

S.76(3) Criminal justice and immigration act 2008 - D’s claim will be judged on the facts as he genuinely perceives them to be

Mistaken beliefs - Gladstone Williams

Intoxication - S.76(5) Criminal justice and immigration act 2008 - if d is voluntarily intoxicated he cannot rely on his mistaken belief

Bird - doesn’t have to wait for an attack
Hitchens - violence can be aimed at innocent third party

Question 5

Second step for self defence

Answer 5

Reasonableness of force

Question 6

Cases and law for reasonableness of force

Answer 6

S.76(6) criminal justice and immigration act 2008 - degree of force used by d will not be considered a reasonable if it was disproportionate in the circumstances as d believed them to be

S.76(7) Criminal justice and immigration act 2008 - guidance on reasonableness of force;

1. May not be able to weigh out to a nicety the exact measure of any necessary action
2. Only done what he honestly and instinctively thought was necessary for a legitimate purpose
3. Palmer - cannot weigh to a nicety the exact measure of his necessary defensive action

EXCESSIVE FORCE
Martin - if force used is excessive it will be unreasonable and defence will fail
Clegg - Threat still must be present for defence to succeed