Self-defence

Question 1

What kind of defence is self-defence?

Answer 1

Excusatory defence

Question 2

Where is the private defence found?

Answer 2

Criminal Justice and Immigration Act 2008

Question 3

S.76(3)

Answer 3

Whether the degree of force used by D was reasonable in the circumstances depends on the circumstances as D believed them to be

Question 4

Whether the degree of force used by D was reasonable in the circumstances depends on the circumstances as D believed them to be

Answer 4

S.76(3)

Question 5

S.76(4)

Answer 5

The reasonableness of the belief can be used to determine whether D genuinely held it

Question 6

The reasonableness of the belief can be used to determine whether D genuinely held it

Answer 6

S.76(4)

Question 7

If D genuinely held the belief, it is irrelevant whether…

Answer 7

• it was mistaken
• if it was a reasonable mistake to have made

Question 8

D cannot rely on any mistaken belief attributable to voluntary intoxication

Answer 8

S.76(5)

Question 9

S.76(5)

Answer 9

D cannot rely on any mistaken belief attributable to voluntary intoxication

Question 10

S.76(5A)

Answer 10

In a householder case, the degree of force used by D is not reasonable in the circumstances as D believed them to be if it was grossly disproportionate in the circumstances

Question 11

In a householder case, the degree of force used by D is not reasonable in the circumstances as D believed them to be if it was grossly disproportionate in the circumstances

Answer 11

S.76(5A)

Question 12

The degree of force used by D is not reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances

Answer 12

S.76(6)

Question 13

S.76(6)

Answer 13

The degree of force used by D is not reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances

Question 14

S.76(6A)

Answer 14

There is no duty to retreat if D is threatened

Question 15

There is no duty to retreat if D is threatened

Answer 15

S.76(6A)

Question 16

S.76(7)

Answer 16

When considering whether the force was reasonable, S.76(7)(a) and S.76(7)(b) must be considered

Question 17

When considering whether the force was reasonable, S.76(7)(a) and S.76(7)(b) must be considered

Answer 17

S.76(7)

Question 18

A person may not be able to ‘weigh to a nicety the exact measure of any necessary action’

Answer 18

S.76(7)(a)

Question 19

S.76(7)(a)

Answer 19

D may not be able to ‘weigh to a nicety the exact measure of any necessary action’

Question 20

S.76(7)(b)

Answer 20

Having done what D ‘honestly and instinctively thought was necessary’ is evidence of reasonable force

Question 21

Having done ‘what the person honestly and instinctively thought was necessary’ is evidence of reasonable force

Answer 21

S.76(7)(b)

Question 22

Bird 1985

Answer 22

If D is threatened and does not retreat before using the force, the force can still be considered necessary

Question 23

If D is threatened and does not retreat before using the force, the force can still be considered necessary

Answer 23

Bird 1985

Question 24

Keane 2010

Answer 24

Can only make preparations to defend themselves if fearing an attack but cannot become the aggressor

Question 25

Can only make preparations to defend themselves if fearing an attack but cannot become the aggressor

Answer 25

Keane 2010

Question 26

Press and Thompson 2013

Answer 26

• Force can be necessary even if D has a physical or psychiatric condition that makes them more likely to make a mistake about whether it was necessary
• Psychiatric or physical condition cannot affect the reasonableness of the degree of force

Question 27

Force can be necessary even if D has a physical or psychiatric condition that makes them more likely to make a mistake about whether it was necessary

Answer 27

Press and Thompson 2013

Question 28

Gladstone Williams 1984

Answer 28

If D’s belief in the circumstances are unreasonable, this can still be necessary force

Question 29

If D’s belief in the circumstances are unreasonable, this can still be necessary force

Answer 29

Gladstone Williams 1984

Question 30

What is the test of reasonableness?

Answer 30

Proportionality

Question 31

Can be disproportionate force if D does not stop after the danger has passed

Answer 31

Hussain 2010

Question 32

Hussain 2010

Answer 32

Can be disproportionate force if D does not stop after the danger has passed

Question 33

Mental or physical condition cannot affect the reasonableness in degree of force

Answer 33

Press and Thompson 2013

Question 34

Where is the public defence found?

Answer 34

S.3(1) of the Criminal Law Act 1967

Question 35

What is private self- defence?

Answer 35

Defence of oneself, another person or property

Question 36

What is public self- defence?