GD - Self Defence Flashcards
Definition
D admits committing the AR with the necessary MR, but it was self defence. Defence to non details, murder and proper offences.
Act
The criminal justice and immigration at 2008
Purpose of self defence
D can use force under common law to protect himself, propert or to prevent a crime S3 criminal law act 1967
Was the use of force necessary in the circumstances
S76 criminal justice and immigration act 2008-D can rely on a genuine belief of circumstances even if they were mistaken in their belief/even if mistake was unreasonable (Williams). D does not need to shoe a reluctance to fight (Bird). D can use self defence where he apprehends an attack. D can strike first (Beckford).D can prepare to defend himself, even if it brakes the law (AGs ref 2).
Was the force used reasonable
S76 CJ&I act 2008 considers if the force used was reasonable as the defence is lost entirely when the force used is disproportionate Tony Martin). The jury decides whether in all circumstances, the D used reasonable force (Clegg). Jury looks at the facts of the case, facts as D believed them, circumstances of the attack, he time available to D to decide the course of action and the risk to D balanced against the risk of harm to V.
Householders (if applicable)
S43 The crime and courts act 2013 has amended S76 of the criminal justice and immigration act 2008 to give a wider defence to householders when an intruder enters their property “grossly disproportionate”. Only applied when D must be in/partly in a building that is dwelling and D must not be a trespasser and D must have believed V to be a trespasser.
Other rules (if applicable)
Intoxicated mistake-an intoxicated mistake will not provide a defence to a crime of basic intent (Kingston). If drunken mistake is about self defence S76(5) CJ&I act 2008 D will never have a defence to basic or specific intent crimes (O’Grady).
