Self-defence

Question 1

What type of defence is it?

Answer 1

Necessity

Question 2

What type of law is it?

Answer 2

Common-law

Question 3

Definition of Self-defence

Answer 3

Using reasonable force in order to defend oneself

Question 4

What does the defence cover?

Answer 4

Actions needed to defend oneself from attack.
Actions taken to defend another person
Actions taken to prevent a crime or arrest an offender.

Question 5

What is the Act for actions taken to prevent crime or arrest an offender?

Answer 5

S 3 of the Criminal Law Act 1967

Question 6

What are the two aspects of the defence which must be proved for it to work?

Answer 6

Must be necessary to use some force

Degree of force must be reasonable

Question 7

Must be necessary to use some force

Answer 7

Subjective test, based on D’s genuine belief

Question 8

Can the D still plead the defence even with a mistaken belief?

Answer 8

Yes

Question 9

Is Pre-emptive strike possible?

Answer 9

Yes

Question 10

Is there a duty to retreat?

Answer 10

No

Question 11

Degree of force must be reasonable

Answer 11

Based on what the D honestly and instinctively thought was reasonable.

Question 12

Where was the law clarified?

Answer 12

s 76 of the Criminal Justice and Immigration Act 2008

Question 13

When must the force be used?

Answer 13

When the danger is still ongoing

Question 14

What must the force used not be?

Answer 14

excessive

Question 15

Key case for excessive force?

Answer 15

R v Hussain

Question 16

R v Hussain

Answer 16

Chased a burglar and beat him up. Not self-defence as no one was in danger anymore

Question 17

Key case for No need to retreat?

Answer 17

R v Bird

Question 18

R v Bird

Answer 18

V hit D, D gouged out V’s eye - Evidence of retreat is helpful but not essential