Self Defence

Question 1

Self Defence Basic Facts

Answer 1

-Complete defence, defendant not guilty if successful
-Common law of self defence is amended by the Criminal Justice and Immigration Act 2008

Question 2

What questions are asked when deciding if self defence was lawful ?

Answer 2

-Was it necessary to use force?, Subjective Test
-Was the force used Reasonable?, Objective Test

Question 3

Was it necessary to use force ?

Answer 3

-Defendant will be judged according to the facts he or she genuinely believed them to be (a subjective test)

Question 4

S 76 of Criminal Justice and Immigration Act 2008

Answer 4

-Shows that under subsection 3, if a person had mistaken the facts but had a genuine belief as to the facts they had mistaken, they can be judged on those facts they believed
-R v Williams

Question 5

Mental Conditions

Answer 5

-Defendants genuine belief can include delusions resulting from a psychiatric condition
-Shown in R v Press and Thompson

Question 6

Pre-emptive strikes

Answer 6

-Depends on the fact of the case
-Considered in R v Bird
-If a person could’ve retreated will be considered however

Question 7

If the defendant is the aggressor

Answer 7

-even if the defendant is firstly the aggressor, if the force of victims response is wholly disproportionate and extreme, they may still use the defence of Self defence
-Seen in R v Rashford

Question 8

Was the force used reasonable

Answer 8

-Rule is set out in S 76(6) of Criminal Justice and Immigration Act 2008
-Says that apart from householder cases, force which is disproportionate will not be reasonable.
-Test is set out in R v Oye and R v Press and Thompson
-Test balances the risk of harm to the defendant with the risk of harm to the victim
-Initially proportionate force may turn into disproportionate force
-Defence is lost entirely when the force is disproportionate
-Seen in R v Clegg and R v Martin

Question 9

What must be present for it to be a Householder case

Answer 9

To be a householder case:
-The force must be used by the defendant while in or partly in a building that is a dwelling
-The defendant must not be a trespasser
-The defendant must have believed that the victim was a trespasser

Question 10

Test for Householder cases

Answer 10

-Set out in R v Ray
-Questions asked are:

1. Was the force the defendant used grossly disproportiante in the circumstances as they believed them to be, if no then:
   2.Was the degree of force the defendant used nevertheless reasonable in the circumstances they believed them to be, if reasonable they have a defence