Self defence

Question 1

definition

Answer 1

a person may use reasonable force when protecting themselves, others and their property if they fear an attack and they feel it was necessary

set out in s.3 of the Criminal Law Act

Question 2

necessary

Answer 2

subjective test means it is if the defendant feels there was a need to use force - (Gladstone Williams)
s.76 (5) - cannot rely on their belief force was necessary if they were intoxicated
s.76 (6a) - there is no legal duty to retreat however the courts will take this into account on a case by case basis

Question 3

was the force used reasonable

Answer 3

objective test means it is if the courts feel it was reasonable - (Martin)
if the force is equal to that used by the victim then it will be deemed reasonable
s. 76 (7) Criminal Justice and Immigration Act- only unreasonable for a home owner to use grossly disproportinate force