Self-Defence Flashcards
s.47 CJIA 2008
“A person may use such force as is reasonable in the circumstance as the person believes them to be for the purposes of self defence, defence of another, defence of property, prevention of crime and lawful arrest”
Defence of Property
Criminal Damage Act 1971
Prevention of Crime
Criminal Law act 1967
Pre-emptive Strikes
R v Beckford
R v Beckford 1988
Lord Griffith said “A man about to be atttacked does not have to wait for the assailant to strike the first blow or fire the first shot; circumstances may justify a pre-emptive strike”
Preparing for an attack
AG Ref no.2 of 1983
AG Ref No.2 of 1983
D’s shop attacked during previous riots, to prevent this again he prepared several petrol bombs and was charged
Court held that self defence applied
Duty to Retreat
R v Bird
R v Bird
D retalitaterd to an attack by her ex-bf by hitting him with a bottlle in her hand.
Court originally held that can only claim self-defence if unwillingness to fight
Court upon appeal held there was no Duty to retreat
Reasonableness of the Force
s.76 (3) & (7) CJIA 2008
R v Owino
S.76(3) & s.76(7) CJIA 2008
Force must be reaosnable in the circumstanes as D belived them to be
D may not have had the time to be exactly preportional
R v Owino 1995
CoA held that test is objective and subjective
- Whether the force used was reaonsable - Objective
- In the circumsatnces he belived them to be - Subjective
Householder Law
s.43 Crime and Courts Act 2013
“In householder cases, the degree of force used is not regarded as being resomable if it is grossly dispropirate”
- Normal standard - Disproportionate
Use of Excessive Force
R v Martin 2001
R v Clegg 1995
R v Martin 2001
D shot two burglars in the back and killed one, Charged with murder, deemed disproportionate and Self defence not allowed
R v Clegg 1995
Pvt in Paras stationed at checkpoint in Belfast, Charged with muder after shooting driver who blew through checkpoint.
Court held self-defence expired as soon as the car passed through and the danger passed, thus the 4th shot fired from behind the car was murder
Mistaken Self-Defence
R v Williams (Gladstone)R
R v Williams (Gladstone)
V saw another man trying to rob a woman, he chased him, grabed and restrained him, D attacked him in mistaken defence of the other man.
Court quahed his conviction on stating as long as the mistake was honest, he is entitled to a defence
Intoxication
S.76 (5) CJIA 2008
R v O’Grady 1987
S.76(5) CJIA 2008
D is unable to rely on any mistaken beleif attributibale to intodixcation that was volutnarily induced
R v O’Grady 1987
D claimed after a night of drinking, he woke up to his firedn hitting him, he then in self defence repeatedly hit him leading to his death.
Coa said any mistake due to voluntary intoxociation could not form the defence of self-defence
