Self defence

Question 1

Definition

Answer 1

Protecting yourself or another, or one’s property, from harm, where an attacker may be committing a crime.

Question 2

Who raises the defence of self defence?

Answer 2

The defendent

Question 3

What does the prosecution have to prove?

Answer 3

That D did not act in self defence.

Question 4

What crimes does self defence apply too?

Answer 4

All fatal and non fatal offences.

Question 5

What happens if it’s accepted by the Jury?

Answer 5

It’s a complete defence.

Question 6

Legal authority

Answer 6

S76 Criminal justice and immigration Act 2008

Question 7

What did the new legal authority do?

Answer 7

Codified previous law where there were two defences.

Question 8

What two elements need to be proved?

Answer 8

Neccesity of force
Reasonable force

Question 9

Neccesity of force test

Answer 9

Subjective

Question 10

Reasonable force test

Answer 10

Objective

Question 11

In Neccesity of force what does the danger have to be.

Answer 11

Present
Immediate
Not passed by

Question 12

First problem

Answer 12

What happens if you defend someone who does not need defending?

Question 13

Gladstone

Answer 13

Genuine belief neccesary to intervene as form of self defence so defence applies.

Question 14

What test is used for when defending someone who does not need defending?

Answer 14

Subjective

Question 15

Second problem

Answer 15

What happens if you make a mistake due to intoxication?

Question 16

Grady

Answer 16

Cant rely on self defence if mistake induced by voluntary intoxication.

Question 17

Third problem

Answer 17

Does D have duty to retreat or not take first hit?

Question 18

Bird

Answer 18

Not neccesary for D to show an unwillingness to fight. D can react immediately and first if circumstances warrant.

Question 19

Fourth problem

Answer 19

What if the D is the aggressor?

Question 20

Rashford

Answer 20

May use force if V’s response is out of proportion but generally cant use self defence.

Question 21

Fifth problem

Answer 21

What if there is an alternative way?

Question 22

Burns

Answer 22

Defence refused as alternative to the force.

Question 23

Whats element two?

Answer 23

Reasonable force

Question 24

What is reasonable force?

Answer 24

Force that is reasonable in all circumstances as they appear to D.

Question 25

What does palmer say?

Answer 25

‘A person defending himself cannot weigh to a nicety the exact measure of his defensive action’

Question 26

What does S76(6) Criminal Justice and Immigration Act 2008 say about householder cases?

Answer 26

Disproportionate force is reasonable.

Question 27

What did S43 Crime and Courts Act amend too?

Answer 27

Force not unreasonable in household case unless grossly disproportionate.

Question 28

For non householder cases?

Answer 28

D can not use disproportionate force at all.

Question 29

Sixth problem

Answer 29

What if D suffered from a psychiatric condition which made him percieve a greater danger than the average?

Question 30

Martin

Answer 30

Characteristics of D irrelevant except in exceptional circumstances.

Question 31

Oye

Answer 31

D can be mistaken about the circumstances to act but not the amount of force neccesary.

Question 32

Thompson

Answer 32

Can take into account psychiatric condition but up to jury to decide if action proportionate.

Question 33

Clegg

Answer 33

Defence either succeeds totally or not at all.