Necessity defences- SELF DEFENCE.

Question 1

FIRSTLY…?

Answer 1

Firstly, D must honestly believe that the circumstances are such that the use of force is necessary.

Question 2

S.76(3) CRIMINAL JUSTICE AND IMMIGRATION ACT 2008?

Answer 2

If D genuinely made a mistake about being threatened, he is to be judged on the facts as he believed them to be.

Question 3

S.76(5) CRIMINAL JUSTICE AND IMMIGRATION ACT 2008?

Answer 3

However, a mistaken belief caused by D’s voluntary intoxication is not sufficient for the defences of self defence.

Question 4

SECONDLY…?

Answer 4

Secondly, it must be that a reasonable person would have used that amount of force in the circumstances as D believed them to be.

Question 5

S.76(6) CRIMINAL JUSTICE AND IMMIGRATION ACT 2008?

Answer 5

The degree of force used by D will not be reasonable if it was disproportionate in the circumstances.