self defence

Question 1

what type of defence is self-defence?

Answer 1

complete defence and if successful, the defendant will be found not guilty

Question 2

where is the law on self defence found?

Answer 2

• Common law AND statute
• Main law is found in the Criminal Justice and Immigration Act 2008

Question 3

what law is defence of property governed by?

Answer 3

Criminal Damage Act 1971

Question 4

what law is arrest and prevention of crime governed by?

Answer 4

Criminal Law Act 1967

Question 5

elements of self defence

Answer 5

• Degree of force
• Mistake / Mistake and Intoxication
• Pre-emptive strike
• Excessive force
• Defendant’s characteristics

Question 6

degree of force

Answer 6

• Criminal Justice and Immigration Act 2008 – difficult for a person to weigh up exactly how much force in needed in a pressurised situation.
• So assessed by what they honestly and instinctively thought was reasonable.
• ALTHOUGH the force must be used when the danger is still on-going.

Question 7

excessive force

Answer 7

self defence will fail

MARTIN (ANTHONY), CLEGG , HUSSAIN AND ANOTHER

Question 8

martin (anthony) (2002)

Answer 8

• D shot and killed a burglar as he was running away from his country home. D also wounded another.
• D could not claim self defence as he shot V in the back as he was running away. This was seen as excessive force, despite the fact D had a psychiatric condition and perceived greater danger than the average person.

Question 9

clegg (1995)

Answer 9

• D was a soldier on check point duty. D fired bullets at a car, mistakenly believing terrorists were inside. The last bullet killed the joy-rider.
• There was no self-defence as the final bullet was excessive force.

Question 10

hussain and another (2010)

Answer 10

• D’s house was broken into by armed men, his family was threatened. One son escaped and alerted his uncle (U).
• D and another son escaped and chased the group as they ran from the house.
• They caught up with one man, and D and U beat him. They were charged with ABH.
• The could not use the defence of self defence as the original attack was over.

Question 11

no duty to retreat

self defence

Answer 11

BIRD (1985) - D engaged in a heated argument with her ex boyfriend (V)
at a party. V slapped and pinned D against a wall. D then punched V in the face and claimed that she had forgotten that she had a glass in her hand. she argued she acted in self -defence.

whilst withdrawing or demonstrating an unwillingness to fight is good evidence that the defendant is acting reasonably and in good faith in self defence, there was no absolute obligation to demonstrate an unwillingness to retreat.

Question 12

pre-emptive strike

Answer 12

Defendant CAN act first to prevent force.
Sometimes D can take precautions, even breaking the law, so they can defend themselves should they need to

AG’S REFERENCE NO 2 (1984)

Question 13

ag’s reference no 2 (1984)

Answer 13

• a mans shop was attacked during riots so he made and stored petrol bombs for protection.
• the CoA held preparations could be made in the nature of self-defence may be necessary.

Question 14

mistaken use of force

Answer 14

Defendant is judged by the circumstances as he honestly believed them to be.

Jury decides if amount of force used was reasonable – based on D’s genuine perception.

s76(3) of the CJIA 2008 confirms a mistake need only be honest and not necessarily reasonable.

WILLIAMS (1987)

Question 15

? confirms a mistake need only be honest and not necessarily reasonable

Answer 15

s76(3) of the CJIA 2008 confirms a mistake need
only be honest and not necessarily reasonable.

Question 16

Williams (1987)

Answer 16

D grabbed and injured a police officer after mistakenly believing the officer was assaulting a youth

D should be judged according to their honest mistaken view of the facts, regardless of wether the mistake was reasonable or unreasonable

self defence