Self Defence

Question 1

What type of defence is Self Defence?

Answer 1

A complete defence to all crimes where fore is needed to defend people property or to prevent crime

Question 2

What are the types of Self Defence?

Answer 2

• Self Defence (s76 CJIA 2008)
• Property defence (Criminal Damage Act)
• Crime Prevention (s3 Criminal Law Act)

Question 3

What are the steps to prove Self Defence?

Answer 3

• Was Force Necessary?
• Was force Reasonable?

Question 4

How is Necessary Force established?
- with cases

Answer 4

Judged on the facts as D honestly believed them to be
- R v Hussain
- R v Clegg

Question 5

How are mistake considered in necessity of force?
- With cases

Answer 5

Can be successful regardless or unreasonableness of belief of situation
- R v Williams

Intoxicated mistakes not considered
- R v O’Grady

Mental illness related mistakes are considered
- Oye

Question 6

How are Pre-emptive strikes considered in Necessity of Force?
- With Cases

Answer 6

They are permitted
- R v Beckford

Question 7

Is there a duty to retreat?
- With Cases

Answer 7

No - R v Bird

Question 8

How is being the initial aggressor considered in necessity of force?
- With cases

Answer 8

Can be permitted
- R v Rashford

Question 9

How is Reasonableness of Force established?
- with cases

Answer 9

Whether D used force objectively in the circumstances they believed them to be.
- R v Owino
- R v Martin

Question 10

How is reasonable force considered for householders?

Answer 10

Was use of force ‘Grossly disproportionate in the circumstances?’ - s76 CJIA 2008
- R v Ray