Self-defence Flashcards
Definition
A defence where D claims he was acting to protect himself (private self defence) under the Criminal Justice and Immigration Act 2008 or protect property or another (public self defence) under the Criminal Law Act 1967
2.
D can use force under common law to protect themselves, others, or under s 3(1) Criminal Law 1967, to prevent crime
3.
The force must be necessary.
S76 Criminal Justice and Immigration Act 2008: (Williams)
D can rely on genuine belief of circumstances even if they were mistaken in their belief the force was necessary and even if the mistake was unreasonable
(Bird)
Does not need to show reluctance to fight
(Beckford)
Can strike first
(AGs Ref 2)
Can prepare to defend themselves even if it breaks the law
(R v Rashford)
Aggressor cannot usually rely on self defence to render his actions lawful. However, even if the defendant is the initial aggressor they may use force if the victims response is wholly disproportion and seriously threatens D
(Bailey)
Whether the force was reasonable. Based on facts of the case and look at if D has enough time to decide his course of action or risk to D balanced against the risk to V
Householder
Crime Courts Act 2013 S43 has amended S76 CJIA 2008 to give a wider defence if intruder enters property. Disproportionate-> grossly disproportionate. Was the degree of force used grossly disproportionate in the circumstances as they believed them to be and was the degree of force reasonable in…
Reasonable
S76(5)(A) CJIA 2008. The degree of force will only be considered excessive if grossly disproportionate. At the time of the incident:1. D must be in/partly in a building that is a dwelling. 2. D must not be a trespasser. 3. D must have believed V to be a trespasser.
Other rules
Intoxication mistake and intoxication and self defence
