Self Defence Flashcards
3 elements
- Permitted purpose
- Necessary
- Reasonable
Permitted purpose
Prevention of crime
Protect self or others
House holder defence
Prevention of crime
R V scarlet - s3 criminal law act 1976
R V hassian - can’t prevent crime if not in danger
Cannot you prevent crime if not in danger
No
R V Hussain
Full defence or partial
Full defence
Self defence act
Criminal justice and immigration act 2008
Necessary
R V beckford
Force used should be necessary in circumstances D beloved themselves to be in
Can force necessary be unreasonable mistaken
Yes
R V Gladstone and Williams
Will intoxication make what D see as necessary change
R V o Grady
Mistake on necessary force will be ignored if from intoxication
Can forced used be necessary if striking first
Yes R V bird - D can strike first
No need to show reluctance to fight
Can preparations in self defence be necessary
Yes
AG REF 2 1984
Section for necessary force
76.4 mistaken is allowed
Section for reasonable force
76.6 criminal justice and immigration act 2008
Reasonable force
Reasonable force is judge on mistaken belief of what is necessary
Level of proportion
Force used must not be disproportionate in the circumstances D believes to exist
R V clegg
Is using a weapon proportionate
No
Weapon is disproportionate
R v martin
Is restraining an attack reasonable
R V owino
restraining attack is reasonable
R V Martin set out what 4 things for jury to look at
- Number of people
- Nature and degree of force repelled
- Gravity of crime or evil prevented
- Relative strength of parties
House holder defence section
76.5A
What level of force is reasonable in house holder defence
Disproportionate force is allowed but not grossly disproportionate
What must be established for house holder defence
- Force used be be in or partially in a building
- D cannot be trespasser
- D must believe V is trespasser
Case for should be trespasser
R V cheese man
Permitted purpose - to protect property
Criminal damage act 1971
R V palmer - common law
Protect one’s self
Self defence is allowed
If
D fears for his life or safety of his person
Provided he uses no more force than is reasonable in the circumstances
