Self-defence Flashcards
What kind of defence is self-defence?
Excusatory defence
Where is the private defence found?
Criminal Justice and Immigration Act 2008
S.76(3)
Whether the degree of force used by D was reasonable in the circumstances depends on the circumstances as D believed them to be
Whether the degree of force used by D was reasonable in the circumstances depends on the circumstances as D believed them to be
S.76(3)
S.76(4)
The reasonableness of the belief can be used to determine whether D genuinely held it
The reasonableness of the belief can be used to determine whether D genuinely held it
S.76(4)
If D genuinely held the belief, it is irrelevant whether…
- it was mistaken
- if it was a reasonable mistake to have made
D cannot rely on any mistaken belief attributable to voluntary intoxication
S.76(5)
S.76(5)
D cannot rely on any mistaken belief attributable to voluntary intoxication
S.76(5A)
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
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
S.76(5A)
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
S.76(6)
S.76(6)
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
S.76(6A)
There is no duty to retreat if D is threatened
There is no duty to retreat if D is threatened
S.76(6A)
S.76(7)
When considering whether the force was reasonable, S.76(7)(a) and S.76(7)(b) must be considered
When considering whether the force was reasonable, S.76(7)(a) and S.76(7)(b) must be considered
S.76(7)
A person may not be able to ‘weigh to a nicety the exact measure of any necessary action’
S.76(7)(a)
S.76(7)(a)
D may not be able to ‘weigh to a nicety the exact measure of any necessary action’
S.76(7)(b)
Having done what D ‘honestly and instinctively thought was necessary’ is evidence of reasonable force
Having done ‘what the person honestly and instinctively thought was necessary’ is evidence of reasonable force
S.76(7)(b)
Bird 1985
If D is threatened and does not retreat before using the force, the force can still be considered necessary
If D is threatened and does not retreat before using the force, the force can still be considered necessary
Bird 1985
Keane 2010
Can only make preparations to defend themselves if fearing an attack but cannot become the aggressor
Can only make preparations to defend themselves if fearing an attack but cannot become the aggressor
Keane 2010
Press and Thompson 2013
- 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
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
Press and Thompson 2013
Gladstone Williams 1984
If D’s belief in the circumstances are unreasonable, this can still be necessary force
If D’s belief in the circumstances are unreasonable, this can still be necessary force
Gladstone Williams 1984
What is the test of reasonableness?
Proportionality
Can be disproportionate force if D does not stop after the danger has passed
Hussain 2010
Hussain 2010
Can be disproportionate force if D does not stop after the danger has passed
Mental or physical condition cannot affect the reasonableness in degree of force
Press and Thompson 2013
Where is the public defence found?
S.3(1) of the Criminal Law Act 1967
What is private self- defence?
Defence of oneself, another person or property
What is public self- defence?
