Self Defence

Question 1

What does self defence cover?

Answer 1

Covers protecting yourself, another person or property. So it can be used against all crimes.

Question 2

What is self defence regulated by?

Answer 2

The criminal justice and immigration act 2008

Question 3

Burden of proof

Answer 3

Lies with the prosecution to prove the force was unnecessary and unreasonable

Question 4

What must you prove for self defence?

Answer 4

1. The force must be necessary in the circumstances?
2. Was the force used reasonable in the circumstances?

Question 5

Was the force necessary (subjective)

Answer 5

Mistake and self defence:
Makes it clear that the circumstances are to be judged as the D genuinely believed them to be, even if his belief was a mistake or unreasonable (William Gladstone)
Self defence and Intoxication:
If D was voluntary intoxicated they cannot use self defence (O’grady)
D characteristics:
It was seen in Martin that Ds characteristics cannot be taken into account when judging whether the force was necessary in the circumstances

Question 6

O’Grady

Answer 6

D and v fell asleep after drinking. D woke up and believed V was attacking him, retaliated and went back to sleep.
Held: plea of self defence failed, conviction for manslaughter was upheld. Ca said it was due to the voluntary intoxication so couldn’t use a defence.