Self-Defence

Question 1

s.47 CJIA 2008

Answer 1

“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”

Question 2

Defence of Property

Answer 2

Criminal Damage Act 1971

Question 3

Prevention of Crime

Answer 3

Criminal Law act 1967

Question 4

Pre-emptive Strikes

Answer 4

R v Beckford

Question 5

R v Beckford 1988

Answer 5

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”

Question 6

Preparing for an attack

Answer 6

AG Ref no.2 of 1983

Question 7

AG Ref No.2 of 1983

Answer 7

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

Question 8

Duty to Retreat

Answer 8

R v Bird

Question 9

R v Bird

Answer 9

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

Question 10

Reasonableness of the Force

Answer 10

s.76 (3) & (7) CJIA 2008
R v Owino

Question 11

S.76(3) & s.76(7) CJIA 2008

Answer 11

Force must be reaosnable in the circumstanes as D belived them to be
D may not have had the time to be exactly preportional

Question 12

R v Owino 1995

Answer 12

CoA held that test is objective and subjective
- Whether the force used was reaonsable - Objective
- In the circumsatnces he belived them to be - Subjective

Question 13

Householder Law

Answer 13

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

Question 14

Use of Excessive Force

Answer 14

R v Martin 2001
R v Clegg 1995

Question 15

R v Martin 2001

Answer 15

D shot two burglars in the back and killed one, Charged with murder, deemed disproportionate and Self defence not allowed

Question 16

R v Clegg 1995

Answer 16

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

Question 17

Mistaken Self-Defence

Answer 17

R v Williams (Gladstone)R

Question 18

R v Williams (Gladstone)

Answer 18

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

Question 19

Intoxication

Answer 19

S.76 (5) CJIA 2008
R v O’Grady 1987

Question 20

S.76(5) CJIA 2008

Answer 20

D is unable to rely on any mistaken beleif attributibale to intodixcation that was volutnarily induced

Question 21

R v O’Grady 1987

Answer 21

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