Self-Defence

Question 1

Explain the permitted purposes in which D can use force, with regards to the Defence of Self-Defence.

Answer 1

-Common Law: protect self, protect others
- Criminal Damage Act 1971: protect property
- S.3 Criminal Law Act 1976: prevent crime

Question 2

Explain whether the force D used was necessary, with regards to the Defence of Self-Defence.

Answer 2

If D genuinely considers use of force was necessary in circumstances as he believed them to be, then this satisfied.
- R v Beckford- D was able to be judged according to his mistaken belief as to the facts
- R v Gladstone Williams- D must be judged based on his honestly held view of facts, even if mistaken/unreasonably mistaken + that D can strike first, still pleading defence.
- R v Taj (2018)- if D made mistake as they’d gotten voluntarily intoxicated, can’t rely on mistaken belief.
- R v Bird- D need not show reluctance to fight in order to claim defence
- A-G’s reference No.2 1984- held defence could extend to preparatory acts, even if they may be unlawful
- R v Rashford- even if D’s initial aggressor, may use force if V’s response was wholly disproportionate

Question 3

Explain whether the force D used was Reasonable, with regards to the Defence of Self-Defence.

Answer 3

• S.76 (6) Criminal Justice + Immigration Act (2008)- force mustn’t be disproportionate in circumstances D believes to exist
• S.76 (7) (a)- Jury can take into account a person acting for a legitimate purpose may not be able to weigh to a nicety that exact measure of necessary action (D doesn’t have to get exact amount of force used right)
• S.76 (7) (b)- evidence of D only doing what they thought instinctively + honestly necessary is strong evidence that reasonable action was taken for that person
• R v Harvey (2009)- Jury should take into account circumstances + danger that D believes to exist in assessing whether his use of forces was proportionate
• R v Clegg- held degree of permissible force is the same whether D’s using it to protect himself, others or to prevent crime.

Question 4

Explain what happens when there is a Householder case, with regards to the Defence of Self-Defence.

Answer 4

To be householder case, following needs to be shown: force must be used by D while in/partly in building that’s a dwelling, D mustn’t be a trespasser, D must’ve believed V to be a trespasser
- Magson (2022)-D must genuinely believe that V is a trespasser
- Assuming D genuinely believed force was necessary, tests to be considered: 1) Was degree of force D used grossly disproportionate as he/she believed them to be, 2) was degree of force D used nevertheless reasonable in circumstances they believed to be. Rules considered in: R v Ray (2017)