Self Defence

Question 1

Origin

Answer 1

s76 criminal justice and immigration act 2008
-necessity defence
-complete and general
-use force in order to protect

Question 2

Elements

Answer 2

-necessary
-householders
-reasonable force
-mistake
-intoxicated mistake

Question 3

Necessary

Answer 3

if force not necessary, not justification and unlawful
-AG Ref no2 1983: apprehend an attack, makes preparations, petrol bombs
-R v Hussain and Another: force was used after danger

Question 4

Householders

Answer 4

s43 Crime and Court Act 2013
-wider defence for property
-D must believe V to be trespasser
-only unreasonable if grossly disproportionate

Question 5

Reasonable force

Answer 5

If excessive the defence will fail
-R v Clegg: gun at car was deemed too much
-R v Anthony Martin: no self defence

Question 6

Mistake

Answer 6

D made mistake for need for self defence, courts will access concept based on the facts he believed
-R v Williams: rob women and street and was misinterpreted

Question 7

Intoxicated mistake

Answer 7

-R v Hatton: killed someone with 5 feet stick, had no recollection, can’t be relied on