Self Defence

Question 1

General Defence

Answer 1

Common Law Defence ,defence of yourself against another s3 criminal Law act 1967

Question 2

1.Force must be necessary

Answer 2

Subjective test Based on Ds genuine belief
May be necessary if attack believed to be imminent but has yet to take place AG Ref 1983
May also be necessary if there was a mistaken belief Gladstone

Question 3

2. Degree of force must be reasonable

Answer 3

S76 6 CJA 2008
If the force used was not reasonable in the circumstances if it was disproportionate Martin,Hussain
S76 5 CJA 2008
D cannot rely upon any mistake belief attributable to intoxication that was voluntary induced Grady

Question 4

Householders

Answer 4

Crime and Courts Act 2013
Amended CJA 76 to include subsection 5a allows householders to use reasonable force in circumstances of defending their home .May be viewed as objectively disproportionate
Must not be Grossley disproportionate