self defence

Question 1

S.76 CRIMINAL JUSTICE AND IMMIGRATION ACT 2008

Answer 1

allows you to use force in self-defence, defence of another or in prevention of a crime

Question 2

what type of test is self-defence

Answer 2

subjective

Question 3

stage 1: was force necessary

Answer 3

S.76(3) D must genuinely believe force was necessary under the circumstances

Question 4

stage 1 side rule S.76(4)

Answer 4

S.76(4) defence available even if D makes unreasonable mistake
GLADSTONE WILLIAMS- defence available if force was believe to be necessary when it was not

Question 5

stage 1 side rule: S.76(5)

Answer 5

S.76(5)- if mistake was because D was intoxicated- no defence

Question 6

stage 1 side rule: BECKFORD

Answer 6

BECKFORD: D can make a pre-emptive strike and hit potential attacker first so he does not have to wait until he is hit

Question 7

stage 2: was force reasonable

Answer 7

LORD MORRIS in PALMER- in the heat of the moment the D may not be able to weigh to a nicety the exact measure of his defensive action
-If D had only done what they honestly and instinctively thought was necessary then that is evidence that only reasonable defensive action was taken

Question 8

stage 2 side rule MARTIN

Answer 8

excessive force will usually be evidence that the attack by D was retaliatory and therefore not self defence

Question 9

side rule: CRIME AND COURTS ACT 2013

Answer 9

if self defence used in the home or D it can be disproportionate as long as not grossly disproportionate