Self Defence

Question 1

Formula to negate criminal liability

Answer 1

Actus Reus + Mens Rea + Defence

Question 2

When is (would be) criminal conduct defensible?

Answer 2

• Justified Conduct
• Exempted Conduct
• Excused Conduct

Question 3

Justified Conduct

Answer 3

The defendant is acquitted because what would otherwise be a crime is justified in the circumstances (e.g. self defence)

Question 4

Exempted Conduct

Answer 4

The defendant is acquitted because at the time of committing the relevant act he/she is exempted (e.g. a child)

Question 5

Excused Conduct

Answer 5

Conduct is not justified, or exempted but it can be excused (e.g. duress)

Question 6

Sources of ‘self defence’ law

Answer 6

• Common law defence of the person
• Criminal Damage Act 1971 - defence of property
• Criminal Law Act 1967 - arrest and crime prevention
  New-labour and the consolidation of self-defence law
• Householder cases

Question 7

What are the 2 limbs for self defence?

Answer 7

• Limb 1: The trigger
• Limb 2: The response

Question 8

The trigger

Answer 8

• Belief in the need to use force (genuine)

Question 9

The response

Answer 9

• The amount of force used

Question 10

CJIA 2008: the requirements for ‘reasonable force’

Answer 10

• 76(3): ‘…reasonableness to be decided by reference to the circumstances as D believed them to be…’
• 76(4): If D genuinely held the belief that the use of force was reasonable then he can rely on this even if mistaken (unless under voluntary induced intoxication: 76(5))
• 76(6): ‘…degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances.’

Question 11

A ‘Householder case’ is where…

Answer 11

• (a)the defence concerned is the common law defence of self-defence,
• (b)the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both),
• (c)D is not a trespasser at the time the force is used, and
• (d)at that time D believed V to be in, or entering, the building or part as a trespasser.

Question 12

S.76 (5a) CJIA 2008: In a householder case…

Answer 12

the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances