Self-defence

Question 1

What is the first part of self-defence?

Answer 1

Section 76 - Criminal Justice and Immigration 2008 - Protect yourself, others and prevent crime.

Question 2

What does section 76(3)?

Answer 2

The force must be necessary. The D must genuinely believe that the force was necessary - subjective.

Question 3

Side rule - Section76(4)?

Answer 3

The defence is still available if D made genuine mistake - Gladstone Williams.

Question 4

Side rule - Section 76(5)?

Answer 4

If D made mistake because of intoxication - defence will be lost.

Question 5

Side rule - pre-emptive strike?

Answer 5

The D makes first move to protect themselves - defence is available. Beckford

Question 6

Next stage?

Answer 6

The force must be REASONABLE - force must be proportionate to the threat.

Question 7

Key law?

Answer 7

Lord Morris in Palmer - If D is under attack it is difficult to weight up.
If the D acted HONESTLY and INSTINCTIVELY - defence is available.

Question 8

Side rule?

Answer 8

Excessive force - martin - Defence is lost

Question 9

Side rule?

Answer 9

Crime and courts Act 2013 - Self defence in home it can be disproportionate but not grossly disproportionate.