Self Defence Flashcards
What is the full defence of self-defence codified by?
The full defence of self-defence has been codified by S.76 of the Criminal Justice and Immigration Act 2008.
What does Section 3 of the Criminal Law Act 1967 allow?
Section 3 allows the public defence for a person who uses force reasonable in the circumstances to prevent crime or to lawfully arrest offenders, suspects or those unlawfully at large.
Under what circumstances may the defence of self-defence be available under common law?
The defence may be available where the defendant uses force to defend himself, another, or property.
What types of offences is the defence of self-defence usually used for?
The defence is usually used for non-fatal offences, but can be used for other crimes such as murder.
What will the court consider regarding the use of force in self-defence?
The court will consider whether there was a necessary use of force.
When may force be considered necessary in self-defence?
Force may have been necessary if the threat was imminent.
What case illustrates the concept of imminent threat in self-defence?
Clegg, AG’s Ref No2 of 1983, DPP v Stratford Magistrates Court illustrates this concept.
What is a reasonable action for D in self-defence?
A pre-emptive strike by D may be reasonable.
Example: There was a pre-emptive strike by D when he punched V who ran towards him angrily.
Is it always necessary to retreat in self-defence?
It is not always necessary to retreat.
Example: D did not retreat and is within his rights to stand his ground and fight V.
What constitutes a genuine mistake in self-defence?
A genuine mistake as to the threat is acceptable.
Example: D was mistaken as to the threat, believing V was part of a violent gang chasing him.
Can a defendant use self-defence if they are the aggressor?
It will not be held necessary to use force if the defendant is the aggressor.
Example: D had gone to V with the intention of getting revenge, so it will not be held necessary to use force.
How is the reasonableness of force in self-defence assessed?
The degree of force must be reasonable and proportionate compared to the threat, as per S76(6) of the Criminal Justice and Immigration Act 2008.
This will be both a subjective and objective test, and down to the jury to decide.
What does S43 of the Crime and Courts Act 2013 state about force in burglary cases?
The degree of force will be reasonable unless it is ‘grossly disproportionate’ to the threat.
Relevant cases include Martin, Collins, Hussain, Palmer.
Can intoxication affect the use of self-defence?
The defendant cannot use the defence if he uses excessive force due to intoxication.
Example: D’s degree of force when punching V who was armed with a knife was reasonable, or D was too drunk to realize what he was doing, resulting in the death of V.
What is the conclusion regarding the use of force in self-defence?
To conclude, the force used was necessary or not necessary, and the defence of self-defence may apply, so D may be found not guilty.
