Self-Defence

Question 1

what is ‘self-defence’?

Answer 1

a general defence where D argues that they acted in self-defence and can receive a full acquittal

Question 2

what are the 2 types of ‘self-defence’?

Answer 2

Private - Common Law defence which has now been clarified by S76 Criminal Justice and Immigration Act 2008.
Public - Criminal Law Act 1967 which has now been amended to S76 Criminal Justice and Immigration Act 2008.

Question 3

what is the 2 part test for ‘self-defence’?

Answer 3

1. Was the force necessary?
2. Was the force reasonable?

Question 4

what are the 6 areas of part 1: necessary?

Answer 4

1. pre-emptive strike and retreat
2. timing
3. intoxication
4. genuine belief
5. mistake
6. aggressor

Question 5

what does ‘pre-emptive strike and retreat’ mean?

Answer 5

you are allowed to make the first move rather than wait for attack. don’t have to show unwillingness to fight.

Question 6

what case example can be used for ‘pre-emptive strike and retreat’?

Answer 6

Bird - D told ex-boyf to leave house party. He did, but later returned and D attacked him. Defence claimed as no requirement to show unwillingness to fight.

Question 7

what does ‘timing’ mean?

Answer 7

the threat must be imminent or in the near future

Question 8

what case example can be used for ‘timing’?

Answer 8

Rashford - D went looking for V in revenge. V responded aggressively dp D stabbed V. No defence claimed as D went looking for the threat.

Question 9

what does ‘intoxication’ mean?

Answer 9

defence will always fail completely on the grounds of public policy

Question 10

what does ‘genuine belief’ mean?

Answer 10

If D genuinely believed they were in danger and needed to use self defence.

Question 11

what does ‘mistake’ mean?

Answer 11

if D thinks they need to use self-defence mistakenly they can still get the defence, if they can prove it was a mistake.

Question 12

what case example can be used for ‘mistake’?

Answer 12

Gladstone Williams - Dr rushed to help V from a mugger and attacked them. The ‘mugger’ was actually the victim fighting the real mugger off, so D hit the wrong person. Defence claimed.

Question 13

what does ‘aggressor’ mean?

Answer 13

if someone starts the fight and is continually the aggressor, no defence.
e.g in Rashford, D went looking for the threat so seen as the ‘aggressor’

Question 14

what does ‘reasonable’ mean?

Answer 14

up to the jury to decide

Question 15

what does ‘excessive’ mean?

Answer 15

e.g attacking someone who’s running away

Question 16

what case example can be used for ‘excessive’?

Answer 16

Clegg - D on duty at a checkpoint and a car drove through. D shot 4 shots at the car to stop it and the 4th was fatal to the driver, so deemed excessive. no defence.

Question 17

mental health:

Answer 17

relevant, but not if they have a psychiatric condition

Question 18

what case example can be used for ‘mental health’?

Answer 18

Martin - D lived in a farmhouse that was continually burgled and suffered severe PTSD from it. He shot and killed a 16 year old burglar as he was running away from his house. No defence as his PTSD was not relevant and it was deemed excessive force.

Question 19

Household cases:

Answer 19

homeowners can now use disproportionate force to protect their homes (more than reasonable) but they cannot use grossly disproportionate force

Question 20

what are some positive AO3 points on self-defence?

Answer 20

you should be able to protect your property

Question 21

what are some negative AO3 points on self-defence?

Answer 21

full acquittal or fully charged - is this fair? you have still committed a crime.
‘reasonable’ is objective
mistake = never a victimless crime