Reasonable Force Defences Flashcards
Criminal Law Act 1967 s3(1)
The prevention of crime or effecting the lawful arrest of offenders can be relied on as a defence to any offence, as long as reasonable force is used
R v Bird
Defendant does not need to retreat, or wait for his assailant to strike first, to invoke a defence of self-defence
Palmer v R
The courts recognise that defendants cannot ‘weight to a nicety’ in every situation what actions are reasonable, and give some discretion as a result
Criminal Justice and Immigration Act 2008 s76(3)
The question of whether the degree of force used was reasonable is decided by reference to the circumstances as the defendant honestly believed them to be
Criminal Justice and Immigration Act 2008 s76(5A)
The test for reasonable force in householder cases is whether the force used was ‘grossly disproportionate’
Criminal Justice and Immigration Act 2008 s76(6)
The test for reasonable force in non-householder cases is whether the force used was disproportionate
R v Williams (Gladstone)
An honest mistake as to the need for self-defence or the prevention of crime does not preclude a defendant from invoking the defence
R v Dadson
A defendant cannot rely on facts of which he was unaware at the time to invoke a defence of self-defence
R v Clegg
Self-defence cannot be invoked as a partial defence to a crime (i.e. downgrading murder to manslaughter), only against conviction as a whole
R v Hopley
As a defence to assault, parents are entitled to use force to discipline their children so long as it doesn’t exceed moderate and reasonable chastisement
Children Act 2004 s58
Reasonable chastisement can be raised as a defence to simple and common assault, but not to offences under the OAPA 1861