Self Defence

Question 1

Duffy

Answer 1

Recognise people can act to protect themselves

Question 2

Williams

Answer 2

Can protect others

Question 3

Hussey

Answer 3

Can protect a property

Question 4

Act

Answer 4

S3 (1) criminal law act

Question 5

Def

Answer 5

Person may use force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders unlawfully at large

Question 6

Property

Answer 6

S 5 crim damages act
Defence of a property where the charge is one of simple criminal damage

Question 7

Keane

Answer 7

Need both common law and stat

Question 8

Morris

Answer 8

Can be relived on where d uses force to prevent other types of crime

Question 9

Bayer

Answer 9

Defence of property can’t be used if no unlawful act committed. Must use reasonable force against damage that constituted a criminal act

Question 10

Riddell

Answer 10

Can be used for dangerous driving only when force is involved

Question 11

Oraki

Answer 11

Self defence not available for obstructing police officer

Question 12

Gendered nature

Answer 12

Need for force to be imminent which may be issue with women.
Women use weapons in order to defend themselves against the disproportionate force of men. This can be seen as excessive force
Edwards

Question 13

Janet gardiner

Answer 13

Killed partner when he attacked her. Provocation raised instantly not self defence

Question 14

Barry crane

Answer 14

Shot and killed a man in an argument. V lunged at crane w a knife so crane shot him twice with an already loaded gun prepared after a previous argument w the v. Fiend for possessing fire arm and that’s it.

Question 15

McClogan argument of battered woman

Answer 15

Many women faced with no realistic alternative to the use of force against abusive partners.
Render women hostage of domestic violence and make escape through violence.
Should have more support
Self defence is reasonanle when the violence is proportionate. Battered women necessary to use violence

Question 16

Collins

Answer 16

Higher margin of appreciation as long as they don’t act in a grossly disproportionate manner

Question 17

Andronciou

Answer 17

Force must be absolutely necessary

Question 18

Elements of defence

Answer 18

Force must be necessary (subjective)
Amount of force must be reasonable (objective)

Question 19

Bird

Answer 19

Must not act in revenge

Question 20

Hussain

Answer 20

Broke into house then threatened with weapons. Victim was only one that committed crime in the house. Crime ended when he left the house. Any attack after leaving the hose was unlawful - revenge q

Question 21

Dadson

Answer 21

Constable shot criminal whilst he was running away. Don’t know at the time he was a felon and couldn’t be justified

Question 22

Julian

Answer 22

Not duty to retreat
Should demonstrate in his actions that he doesn’t want to fight

Question 23

Imminence

Answer 23

This excludes an attack at some future point. Imminent really means ‘fairly immediate’ so that although an attack need not have begun, a confrontation does need to be immediately apprehended.

Question 24

Beckford

Answer 24

police officer claimed victim had a gun and would shoot. A man who attacks does not need to wait for him to be attacked first

Question 25

Devlin v Armstrong

Answer 25

Anticipated attack must be immi

Question 26

AGR

Answer 26

made petrol bombs at a time where riots were taking place. Made them to defend himself. the object for which he had made the petrol bombs (ie self-defence) was lawful under Explosive substances Act 1883 but he had committed another offence under the Explosive Substances Act 1876 of manufacturing and storing explosives without a licence

Question 27

Williams

Answer 27

Mistaken belief
 We judge D according to his view of the facts even if he turns out to be mistaken
– subjective test
 A genuine belief – need not be reasonable

Question 28

Yaman

Answer 28

D believed he was being burgled. They were contracted workers with a warrant and legal right to be in his shop. Challenge to judge’s direction as it invited jury to consider whether D’s mistaken belief was reasonable
Hooper LJ: The trigger for using force is assessed subjectively [and there was no dispute that the appellant believed the 3 men were burglars]

Question 29

O’grady

Answer 29

If mistaken belief is induced by voluntary intoxication then can’t rely on defence

Question 30

Reasonable force

Answer 30

Objective test
Distinguish between householder and non householder cases

Question 31

Ag for ni

Answer 31

What amount of force is reasonable in the circumstances is a question for the jury. The jury should consider the circumstances in which the decision to defend oneself is made and remember that this decision is not made in the calm analytical atmosphere of the court room with the benefit of hindsight but in a brief second or two.

Question 32

Palmer

Answer 32

If a jury thought that in a moment of unexpected anguish a person attacked had only done what he honestly and instinctively thought was necessary that would be most potent evidence that only reasonable defensive action had been taken.

Question 33

Owino

Answer 33

A D must be judged in accordance with his honest belief …but the jury must then decide whether the force used was reasonable in the circumstances as he believed them to be

Question 34

S76 5(A) crim justice immigration act

Answer 34

(5A) In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.

Question 35

Day

Answer 35

guest in a property equivalent to a householder

Question 36

Shaw

Answer 36

(1) Did D honestly believe that it was necessary to defend themself? (2) If so, and taking the circumstances and danger as the defendant honestly believed them to be, was the amount of force reasonable?

Question 37

Martin

Answer 37

Can take into account physical characteristics but …[only] in exceptional circumstances …in deciding whether excessive force has been used … take account of psychiatric condition

Question 38

Ove

Answer 38

An insane person cannot set their own standard of reasonableness as to the degree of force

Question 39

Keane (provoked)

Answer 39

Self defence may arise in the case of an original aggressor but only where the violence offered by V was so out of proportion to what the original aggressor did that in effect the roles were reversed