Self Defence

Question 1

What is the amount of force set out in

Answer 1

S76 CJA and sets out the following

• a person acting for a legit purpose may not be able to weigh a nicety the exact measure of necessary actions
• a persons having done what the person honestly and instinctively thought was necessary

Question 2

Can the force be used if there is no longer danger + case

Answer 2

No defence fail

R V Hussain- charged with s18 GBH and couldn’t rely on SD as danger form original attack was over

Question 3

Householder cases + case

Answer 3

Allows a wider defence to householders acting to protect property
- force reasonable unless grossly disproportionate
Collins V sec of state cps didn’t prosecute

Question 4

Mistaken use of force + case

Answer 4

D must be judged on what they believed to be true

R V Gladstone Williams - ruled D shoudl be judged accordingly to his + hers genuine mistake

Question 5

Drunken mistake

Answer 5

D can’t rely on defence of mistake is due to voluntary intoxication