self defence

Question 1

What does successfully raising self-defense lead to?

Answer 1

cquittal, as it is a complete defense.

Question 2

What is the scope of self-defense according to the case Hussey?

Answer 2

A: It applies to non-fatal offenses but can also include fatal offenses like murder or property offenses.

Question 3

Define the public statutory defense of self-defense

Answer 3

A: It allows reasonable force to prevent crime or lawfully arrest offenders or suspects at large.

Question 4

What is the common law definition of self-defense?

Answer 4

A: It includes the defense of self, another, or property (Criminal Justice and Immigration Act 2008).

Question 5

What did R v Williams 2020 confirm about self-defense?

Answer 5

A: It cannot be used to recover stolen property, only to prevent crimes in progress.

Question 6

Q: What are the two parts of the test for self-defense?

Answer 6

A: 1) Was force necessary (subjective)? 2) Was the degree of force proportionate (objective)?

Question 7

Q: How is a mistaken belief about the need for self-defense assessed?

Answer 7

A: Subjectively, based on D’s genuine belief, even if unreasonable (Williams, s76(3) & s76(4) CJIA 2008).

Question 7

Q: What are the key principles of self-defense?

Answer 7

A: Force must be necessary and reasonable (Palmer, Owino).

Question 8

Q: Does intoxication affect self-defense?

Answer 8

A: Yes, voluntary intoxication precludes reliance on mistaken belief (s76(5) CJIA 2008).

Question 9

Q: Are pre-emptive strikes allowed in self-defense?

Answer 9

A: Yes, if reasonable based on objective standards (Bird, s76(6A)).

Question 10

Q: Is retreat required for self-defense?

Answer 10

A: No, but attempting retreat may support reasonableness of force (Palmer, Bird).

Question 11

Q: When is imminent threat required for self-defense?

Answer 11

A: Only if the threat is imminent; it need not be immediate (AG Ref No 2 of 1983, Malnik).

Question 12

Q: How is the reasonableness of force judged?

Answer 12

A: Objectively, regardless of D’s mental condition (Palmer, Martin).

Question 13

Q: What is the proportionality test for self-defense?

Answer 13

A: Force must be proportionate to the threat (Oye, s76(6) CJIA 2008).

Question 14

Q: What factors affect the assessment of proportionality?

Answer 14

A: Legitimate purpose, ability to assess force, continuation after danger passes, and acting instinctively.

Question 15

Q: What happens if D uses excessive force?

Answer 15

A: The defense may be unavailable (Clegg, Martin).

Question 16

Q: Can D claim self-defense if they are the aggressor?

Answer 16

A: Generally, no. If D provokes disproportionate force, self-defense is not available (Rashford).

Question 17

Q: What is the rule for householders using self-defense?

Answer 17

A: Householders can use reasonable and disproportionate force, but not grossly disproportionate force (s76(5A) CJIA 2008, Ray 2017).

Question 18

Q: What is the test for householder self-defense?

Answer 18

A: The jury assesses if the force was grossly disproportionate and whether D’s belief was reasonable (s76(3) CJIA 2008).

Question 19

Q: What factors can the jury consider in householder self-defense cases?

Answer 19

A: Time of day, presence of vulnerable persons, weapon used, shock, and intruder conduct.