general defences- self defence

Question 1

self defence is…

Answer 1

a full defence.first defined in the Criminal justic and immigration act 2008
Criminal Law Act states it is a public defence for the reasonable use of force in the circumstances to prevent crime, or to lawfully arrest offenders,suspect or those unlawfully at large
Also available under common law for a person to defend himself, another or property using reasonable force. (duffy)
Traditionally used for non-fatal offences but can also be used for murder.

Question 2

rule 1

Answer 2

the courts will ask if the force was necessary? If the threat was imminent then it may be deemed necessary.

Question 3

if relevant…

Answer 3

• a pre-emptive strike from D may be necessary.(Beckford) Cousins held that a threat to kill would also be necessary
• it is not always necessary to retreat (Bird)
• a genuine mistake as to the threat can be used as a defence (williams)
• If D is the agressor then the defence cannot be used ( keane, rashford)

Question 4

2nd rule

Answer 4

Under s76(6) the courts will ask if the degree of force was reasonable.This means proportionate to the level of threat. This is judged through a subjective and objective test and is down to the courts to decide (scarlett,owino)

Question 5

Special cases..

Answer 5

In burgalry cases the force will be deemed reasonable as long as it is not grossly disproportionate (martins, collins)

Question 6

IR

Answer 6

Force due to intoxication will not be deemed reasonable (o’grady)