Self Defence

Question 1

What may a person generally defend?

Answer 1

Himself, his property, someone else and their property.

Question 2

For self defence the force must be…

Answer 2

NECESSARY. Necessary I’m the circumstances as they appeared to the D - BECKFORD.

The danger that D apprehends must be sufficently specific or imminent to justify his actions.

Question 3

When can’t / can you use self defence?

Answer 3

If you are mistaken AND intoxicated - OGRADY

Can use self defence even if you are mistaken - GLADSTONE WILLIAMS
D makes a genuine mistake not necessarily reasonable

s76(3) CRIMINAL JUSTICE & IMMIGRATION ACT 2008 amended by THE CRIME COURTS ACT 2013 puts the decision in WILLIAMS onto a statutory footing.

Question 4

3 OIR types of self defence

Answer 4

-Can use pre-emotive strike - BECKFORD

-Can prepare for an attack - AG REF

-Can use force on a 3rd party to prevent violence from your attacker - HICHENS

Question 5

s76(6) Criminal Justice & Immigration Act 2008

Answer 5

Don’t have to be shown to have tried to retreat - BIRD

Question 6

The force used in self defence must be…

Answer 6

REASONABLE.

Objective test - jury put themselves in the circumstances which D supposed to exist.

PALMER - if jury conclude that D thought “WITHOUT HAVING TIME TO WEIGH THINGS TO A NICETY” that what he did was necessary, THAT is the potent evidence that it was necessary. S76(7) Criminal Justice & Immigration Act 2008.

Question 7

R V SEUN 2013

Answer 7

Where D has a mental illness this is not to be taken into account

(This being necessary force rule)

Question 8

R V MARTIN

Answer 8

Excessive self defence is no defence at all.