Necessity Defences - Self Defence

Question 1

Where is the statute for self defence found??

Answer 1

s3(1) criminal justice and immigration act 2008

Question 2

What r the two questions to proove self defence ?

Answer 2

1. Was it necessary to use any degree of force?

2. Was the force used proportionate?

Question 3

How is the degree of force judged ?

Answer 3

D will be judged according to facts as he believed them to be following:

R v Gladstone
Beckford v the Queen

D’s belief does not have to be reasonable - but must be reasonably held

Question 4

What does s76(4) of CJIA 2008 state?

Answer 4

(4) D claims particular belief -

(A) D genuinely held it; but
(B) D is entitled to rely on it for purpose of ss3 whether or not
(I) it was mistaken; or
(II) mistake was a reasonable one

Question 5

What does s76(5) CJIA 2008 state?

Answer 5

Drunken mistake from voluntary intoxication cannot be used as defence

Question 6

What does s76(6A) CJIA 2008 state? & case

Answer 6

The possibility to retreat is considered

R v Bird - quashed no requirement to retreat

Question 7

What does R v Rashford state ?

Answer 7

Aggressor cannot use defence if s/he is constant aggressor

Question 8

How do you test if force used is proportionate?

Answer 8

Objective test - R v seun oye

Basic rule is set out in s76(6) CJIA 2008: of disproportionate = not reasonable = defence fail

Question 9

Example cases for proportionate force used

Answer 9

R v Clegg

R v Martin - both failed as danger had passed

Question 10

What does s76(5A) CJIA 2008 state

Answer 10

Householders using self-defence will only fail if defence is ‘grossly disproportionate’

Question 11

What rules must be used for house holders using self defence (3)

Answer 11

1. D must be in or partly in dwelling
2. D must not be a trespasser
3. D must believe v to be a trespasser