Self Defence Flashcards
Under what Act and section number does Self-Defense (Protection of Crime) come under?
S.3 Criminal Law Act 1967
Under what Act and section number does Self-Defense (Protection of Property) come under?
S.76 Criminal Justice and Immigration Act 2008 as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012
What 4 factors are taken into account when deciding if their action was necessary?
Possibility of Retreat
Imminent Threat
Force against a third party
Mistake
What is possibility of retreat and is it necessary?
It is good evidence to show that you have retreated as far as possible before using serious force but it is not necessary for the defense
What is the case for possibility of retreat?
R vs McInnes
What is the POL from R vs McInnes?
A failure to retreat is not conclusive it is just a factor to take into account when deciding whether or not it was necessary to use force
What is the imminent threat factor?
Self-defense is only available to am imminent threat but this does not mean they have to wait to be hit
What are the cases for Imminent threat?
- Attorney-General’s Reference (No.2 of 1983) 1984
- Malnik vs DPP
- R vs Keane and McGrath
- R vs Rashford
What is the POL from the Attorney-General’s Reference (No.2 of 1983) 1984?
The use of reasonable force covered acts done in anticipation of imminent danger and therefore covered this situation
What is the POL from Malnik vs DPP?
D had created the imminent threat by going to the man’s house so carrying the weapon wasn’t justified
What is the POL from R vs Keane and McGrath?
Self-defence may arise where a defendant started a fight, but only where the violence offered by the victim was so out of proportion that the roles were basically reversed
What is the POL from R vs Rashford?
If the victim’s reaction is so out of proportion to the initial level of violence, then self-defence may be used
What is the ruling with mistake?
The mistake of circumstance will be viewed from the defendant’s perspective, even if the mistake is an unreasonable one to make
What section and act enacted this mistake principle?
S.76(4) Criminal Justice and Immigration Act 2008
What are the cases for mistake?
- R vs Williams (Gladstone)
- R vs Yaman
- R vs O’Connor
What is the POL from R vs Williams (Gladstone)?
His mistake that the man was attacking the youth and his actions in correspondence to that were genuine and SD was successful
What is the POL from R vs Yaman?
The facts were viewed in the defendant’s perspective as he genuinely believed the gas man was a burglar, but he used an unreasonable amount of force as the man hadn’t been aggressive
What is the POL from R vs O’Connor?
His mistake was induced by intoxication, so the defence was invalid
What is the case for force against a third party?
R vs Hichens
What is the POL from R vs Hichens?
To a degree, force against an innocent third party is reasonable to protect them from a crime however, not in this case
What is the definition of reasonable force within the circumstances?
The degree of force used by the defendant is not regarded as having been reasonable in the circumstances as the defendant believed them to be if it was disproportionate in those circumstances
What section and act state the definition of reasonable force within the circumstances?
S.76(6) Criminal Justice and Immigration Act 2008
What are the cases for reasonable force?
- Cross vs Kirkby
- R vs Hussain and Hussain
What is the POL from Cross vs Kirkby?
A defence could still be available where 25% more force was used that was necessary
What is the POL from R vs Hussain and Hussain?
Their defence was invalid due to using excessive force as the person was not a threat when they were chasing him down the street with a cricket bat
What is the case for mistake as to degree of force?
R vs Martin
What is the POL from R vs Martin?
He had gone beyond reasonable force; however, it was held that a jury can take into account physical characteristics of the defendant and in exceptional cases they can take into account psychiatric conditions
Held that Martin was not an exceptional circumstance, so SD was not successful
What did the Crime and Courts Act 2013 amend to do with householder cases?
A homeowner can use up to grossly disproportionate force to protect themselves in their own home against trespassers
What are the cases for the new homeowner ruling?
- R vs Magson
- R (Collins) vs Secretary of State for Justice
What is the POL from R vs Magson?
Plea under the Crime and Courts Act 2013 failed as the victim was not a trespasser as they tried to convince the courts as V and D were roommates and the force had not been used in defence
What is the POL from R (Collins) vs Secretary of State for Justice?
The high court considered whether the householder defence was compatible with right to life under ECHR - being held in a headlock was held not a breach of ECHR
What type of defence is self-defence?
Complete defence - either successful or no defence at all (no fallback defence)
What is the case for complete defence?
R vs Clegg
What is the POL from R vs Clegg?
In the circumstances the use of lethal force was excessive and unreasonable
House of Lords - “If the defence succeeds it leads to an acquittal, if it fails it leads to a finding of guilty as charged”
