Self Defence Flashcards
Definition
D admits AR and MR of offence
Palmer - person can use force as is reasonable in the circumstances to defend himself or another or his property
Criminal law act 1967 - person may use such force as is reasonable in the circumstances in order to prevent the commission of an offence of effect a lawful arrest
All of nothing defence
Rules clarified by s.76 Criminal justice act 2008
- Necessity of force
Subjective test - must be necessary in the circumstances which exist or which d genuinely believed existed
S.76(3) CJAIA 2008 - D’s claim will be judged on the facts as he genuinely perceives them to be
Mistaken beliefs , Gladstone Williams - D can be mistaken provided he genuinely believes there to be necessity
Beckford v the queen - the mistaken belief does not need to be reasonable
Intoxication - S.76(5) CJAIA 2008 - if voluntary intoxicated, cannot rely on mistaken belief
Bird - does not have to wait for an attack
Hitchens - can be aimed at innocent third party
- Reasonableness of force
S.76(6) CJAIA 2008 - force will not be reasonable if it was disproportionate in the circumstances as d believed them to be
S.76(7) - may not be able to weigh to a nicety the exact measure of any necessary action , only done what he honestly and instinctively thought was necessary and legitimate
Palmer - cannot weigh to a nicety the exact measure of his necessary defensive action.
Martin - if force is used excessive it will be unreasonable and the defence will fail
Clegg - threat must still be present for the defence to succeed
