Self Defence Flashcards
What kind of defence is Self Defence?
A complete defence
Which defences under the common law justify D’s actions?
Self defence
Defence of another
What does S3 of Criminal Law Act 1967 state?
Prevention of a crime
“A person may use reasonable force in the circumstance of prevention of a crime”
S76 of Criminal Justice & Immigration Act 2008
Sets out the amount of force
D is under stress and can’t be expected to calculate exact amount of force for the circumstance
Evidence that D instinctively and honestly thought level of force used to protect themself/another or prevent a crime was reasonable then provides strong evidence that defensive action taken was reasonable
What situation does S76 of the Criminal Justice &Immigration Act 2008 not cover?
A situation where the danger has passed/attack is over
R v Martin
R v Hussein
What Act gave more protection to householders?
Crime and Courts Act 2013
How did the Crime and Courts Act 2013 under S43 amend S76 of the Criminal Justice & Immigration Act 2008?
It gave wider defence to householders where intruders are on their property
Householders allowed to be disproportionate but not grossly disproportionate
What doesnt S43 of the Crime and Courts Act 2013 allow?
It doesnt give householders the right tonuse any degree of force which they choose.
The jury must decide if householders actions were reasonable in the circumstances that the householder believed them to be.
What is a mistaken use of force?
D must be judged on the facts they genuinely believed in the circumstance
Must establish the facts that D believed
If D made a mistake we must judge them on the facts which they believed even if the mistake was unreasonable
R v Gladstone Williams
What is a Drunken Mistake?
If the mistake is a result of voluntary intoxication they can not rely on this mistaken belief.
R v Lipman
Evaluation: Excessive Force
Morally right that a person should be able to defend themselves/property
Limits set on what force can be used to avoid D taking law into their own hands so if limit exceeded then force user liable
Critics say its an all or nothing defence which either succeeds completely and is aquitted or fails completely and is guilty
There should be a partial defence for justified self defence but excessive force was used
Evaluation: Too Generous
Available even where D made an unreasonable mistake.
Too generous tonjudge D on facts they unreasonably thought to be true
If did have a mistaken belief in something and act accordingly, it would also be unfair if you were not protected by the law
Also need to protect the innocent victim whom D assaulted due to mistaken belief
Evaluation:Confusion has been clarified
Whether force was necessary is sometimes straight forward where there was an obvious threat
R v Bird- not under duty to retreat when acting for a legitimate purpose
D can use pre-emptive strike so they dont need to wait to be attacked
Householders- law supports the view that householders have a right to defend themselves/property to a certain level
Evaluation: Relevance of D characteristics
It is seen as inappropriate to take into account where D is suffering from a psychiatric condition
R v Martin
