self defence

Question 1

The full defence of

Answer 1

self defence has been codified by S.76 of the criminal justice and immigration act 2008

Question 2

There is a

Answer 2

private defence under common law where the defendant uses force to defend himself, defend another, or defend property.

Question 3

There is also a

Answer 3

public defence under the criminal justice act 1967 where the defendant uses force to prevent a crime or make an arrest.

Question 4

Here D used force

Answer 4

to…

Question 5

Firstly,

Answer 5

the court will consider whether there was a necessary use of force.

Question 6

If the threat was

Answer 6

imminent, then force may have been necessary, set out in Hussain

Question 7

Here the threat to D was imminent

Answer 7

because…

Question 8

A

Answer 8

pre-emptive strike by D may be reasonable, as in Beckford

Question 9

Here there was a pre-emptive strike by D

Answer 9

When…

Question 10

it may be reasonable

Answer 10

not to retreat as in Bird

Question 11

Here D did not retreat and it was reasonable not to

Answer 11

because…

Question 12

A genuine

Answer 12

mistake as to the threat is acceptable, as in Williams

Question 13

Here D was mistaken as to the threat, but it was a genuine mistake

Answer 13

because…

Question 14

Secondly,

Answer 14

as in Hussain and in Martin, the court will consider whether the degree of force was reasonable, meaning proportionate when compared to the threat, set out in the criminal justice and immigration act 2008.

Question 15

In burglary cases,

Answer 15

the crime and courts act 2013 states that the degree of force will b reasonable unless it is grossly disproportionate to the threat as in Collins

Question 16

Here this is not a burglary case so the

Answer 16

grossly disproportionate test does not apply. D’s degree of force when… was reasonable, and not disproportionate compared to the very serious threat.