Self-Defence

Question 1

What is self defence, where is it found?

Answer 1

s76 Criminal Justice and Immigration Act 2008

using force believed to have been necessary in them circumstances for self protection, protection of another or in prevention of another crime.

Question 2

What are the 3 key situations to consider?

Answer 2

CJIA 2008

a) in self defence
b) defence of another

s3. 1 CLA 1967
c) prevention of a crime

Question 3

what is the law on force in self-defence?

Answer 3

• used what thought was reasonable (Dewar v DPP)
• Judged on facts which they believed them to be at the time (R v Gladstone-Williams)
• Reasonable/proportinate in the circumstance (Palmer)
• cannot be after the attack (R v Hussain)

Question 4

Dewar v DPP

Answer 4

did what he thought was necessary at the time

even though they regretted it later

Question 5

R v Gladstone-Williams

Answer 5

Judged on the facts that they believed at the time - for mistake use of force

Question 6

Palmer

Answer 6

Must be wholly disproportionate,

but considers that individuals cannot always accurately calculate force

Question 7

R v Hussain

Answer 7

Burglary was over when D attacked

Force can’t be used AFTER the attack, this is unreasonable force

Question 8

What are the rules on householder cases?

Answer 8

s43 Crime and Courts Act (2013) - establishes wider offence

• degree of force is reasonable unless grossly disporoportinate

KEY CASE - Collins v Secretary of State for Justice

Question 9

What is a Householder case, which case establishes this?

Answer 9

Collins v Security of State for Justice

a) D wasn’t a tresspasser
b) believed Was a tresspasser
c) force was used in/partly in a building which is a dwelling

Force reasonableness=Jury Decision

Question 10

Rule on pre-emptive strike?

Answer 10

D attacks first:
is allowed, if there is a clear risk of being subjected to some harm

R v Bird // R v Deana

Question 11

R v Bird // R v Deana

Answer 11

pre-emptive strike = allowed for self-defence

Question 12

Rule on drunken mistakes?

Answer 12

mistakes made due to voluntary intoxication is not allowed as this is reckless conduct

O’Grady

Question 13

O’Grady

Answer 13

drunken mistakes caused by voluntary intoxication as this is reckless conduct

Question 14

What if the Defendant was the aggressor?

Answer 14

If D was the aggressor and started the initial confrontation - cannot argue self-defence

R v Rashford

Question 15

R v Rashford

Answer 15

If D was the aggressor and started the initial confrontation - cannot argue self-defence