Self Defence

Question 1

What is self defence?

Answer 1

A complete defence in criminal law, where the D defends ones self from an attack or another, if successful D would be found not guilty
Criminal justice & Immigration act 2008

Question 2

Tests for self defence

Answer 2

Was it necessary to use any degree of force? — R v Gladstone Williams, judge defendant according to his genuine view of the facts

Was the degree of force used proportionate to the level of threat posed?

Question 3

Is there a duty to retreat before using r force?

Answer 3

R v Bird — D is not required to retreat, does not defeat self defence

Question 4

What is the rule on excessive force? And case authority?

Answer 4

Excessive force negates self defence entirely, must be proportionate to the level of threat posed
R v Clegg - force was excessive, so conviction for murder was upheld