LAW P1 CRIM (SELF DEFENCE)

Question 1

What is self defence?

Answer 1

Self defence is a complete defence where the defendants use of force is justified in the circumstances.

The defence is mainly common law.

Question 2

What does the common law define self defence as?

Answer 2

A person may use reasonable force either to defend themselves or another from an attack, or to protect property.

Question 3

What are the situations where valid self defence may arise?

Answer 3

The defence covers actions needed to defend oneself from attack, actions taken to defend another person, defend his property, and actions taken to prevent a crime or arrest an offender / suspected offender.

Question 4

What are the requirements for self defence?

Answer 4

• The force used must be necessary
• The force used must be reasonable

Question 5

What are the cases for self defence?

Answer 5

• R v Beckford, self defence can be available even where fatal force is used by mistake
• R v Martin, the use of lethal force was disproportionate to the threat posed by the fleeing intruders