SELF-DEFENCE

Question 1

what’s the definition of self defence?

Answer 1

S.76 of the Criminal Justice and Immigration Act 2008 states the defence can be used to protect yourself, someone else, or to prevent a crime.

Question 2

what does s.76(3) say?

Answer 2

The force must be necessary.
The defendant must have held a genuine belief that the force was necessary - subjective test.

Question 3

what is the side rule from s.76(4)?

Answer 3

GLADSTONE WILLIAMS - The defence if available is the D made a genuine mistake.

Question 4

what is the side rule from s.76(5)?

Answer 4

If the reason the D made a mistake is because they were intoxicated, the defence will be lost.

Question 5

what is the side rule from BECKFORD?

Answer 5

Pre-emptive Strike - The D can make the first move in order to protect themselves, and still argue self defence.

Question 6

what is the second part of the actus reus?

Answer 6

The force must be reasonable - the force used should be proportionate to the threat .

LORD MORRIS in PALMER : If the D is under attack, it is difficult to weigh up exactly how much force they should use in return.
The D will get the defence if they acted HONESTLY and INSTINCTIVELY.

Question 7

what is the side rule of excessive force?

Answer 7

If the D uses excessive force, they will lose the defence (MARTIN).

Question 8

what is the side rule of self defence at home?

Answer 8

Crime and Courts Act 2013 : If self defence is in the home it can be disproportionate as long as it is not grossly disproportionate.