Self defence.

Question 1

self defence act

Answer 1

s3(1) of the criminal law act 1967
a personal may use force as is reasonable in the circumstances in the prevention of crime

Question 2

if self defence is successful…

Answer 2

aquittal

Question 3

1st requirement of self defence

Answer 3

was the force necessary?

Question 4

self defence- was the force necessary. threat

Answer 4

-threat of unjustified harm to their self, someone else/prevention of crime
-courts consider threat as imminent (doesn’t need to show they could retreat. bird)

Question 5

self defence- was the threat necessary. mistake

Answer 5

s76(4) courts consider if d made a mistake about whats happening
jury decision if force was necessary in circumstances and d believed them to be (gladstone)

Question 6

however, s76(5)

Answer 6

s76(5) criminal justice act 2008 d cannot rely on mistakes being made due to voluntary intoxication (o’connor)

Question 7

self defence second requirement asks was the force reasonable

Answer 7

s76(6)&(7) this is up to the jury
will balance the force used against the harm or potential threat of harm
d can make a pre-emptive strike (Beckford v R)

Question 8

lastly, the jury will be asked if the force used was reasonable (objective)

Answer 8

in the circumstances that the D believed them to be (Subjective). s 76(7), person under attack and stress can’t be expected to calculate the exact amount of force needed,
if there is evidence to suggest the person honestly and intrinsically thought the level of force was reasonable this will likely be satisfied.
if there is revenge or retaliation (Hussain), the defence is invalidated.