Self - Defence

Question 1

What Act has the common - law principle of self - defence been amended by?

Answer 1

Criminal Justice & Immigration Act 2008 - defence of another & property

Question 2

What Act does the statutory defence of self - defence come under?

Answer 2

s3 (1) of the Criminal Law Act 1967 - prevention of crime or assisting in a lawful arrest / ‘such force is reasonable in these circumstances’.

Question 3

What two requirements are needed to have a successful defence for self - defence?

Answer 3

Trigger: Was it necessary to use any degree of force?
Response: If so, was the degree of force proportional to the risk of harm?

Question 4

Outline the 1st requirement needed to prove self - defence

Answer 4

Was it necessary to use any degree of force?
The defendant will be judged subjectively, based off the facts they believed them to be.
R v Gladstone & Williams [1987] + Beckford vs The Queen [1988] + R v Bird [1986]

Question 5

Outline the 2nd requirement needed to prove self - defence

Answer 5

Was the degree of force used proportional to the risk of harm?
Must not be grossly disproportionate
S76 (6) of the Criminal Justice & Immigration Act 2008 states that force which is disproportionate will not be reasonable, except for a ‘householder case’.
This was amended following the public outrage after the ruling in R v Martin (Anthony) [2002] after it was held that the defendant was guilty for shooting burglars who broke into his home as they were leaving following the shooting. To be a householder case:

1. The force must be used by the defendant while in a building that is their dwelling.
2. The defendant must not be a trespasser.
3. The defendant must have believed the victim to be a trespasser.