Self Defence

Question 1

Type of defence

Answer 1

Common law defence

Question 2

Reinstated in

Answer 2

s76 Criminal Justice and Immigration Act 2008

Question 3

D honestly believed that the use of force was necessary
(1/2) SUBJECTIVE

Answer 3

(R v Gladstone Williams) - judged on the facts that D genuinely perceived them to be, even if it was a mistake

(R v O’Grady) - doesn’t apply to a mistake which was induced by alcohol

(R v Bird) - retreat even where possible is not obligatory but will be taken into account

Question 4

Force is reasonable
(2/2) OBJECTIVE

Answer 4

This limits the defence.
s76(6) - force will not be reasonable if disproportionate
(R v Palmer) - “evidence of a person’s having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.”

(R v Ray) - force can be used as long as it is not grossly disproportionate