SELF-DEFENCE Flashcards
ACT
The Criminal Justice and Immigration Act 2008
DEFINITION
D admits to commuting the AR with the necessary MR, but says it was self-defence
PURPOSE OF SELF DEFENCE
D can use force under common to protect himself, others, property or to prevent a crime (s3(1) Criminal Law Act 1967)
WAS THE USE OF FORCE NECESSARY IN THE CIRCUMSTANCES
S76 Criminal Justice & Immigration Act 2008: D can rely on a genuine belief of circumstances even if they were mistaken in their belief/ even if mistake was unreasonable (Williams)
D does not need to show a reluctance to fight (Bird)
D can use self-defence where he apprehends an attack
D can strike first (Beckford)
D can prepare to defend himself, even if it breaks the law (AG’s Ref 2 of 1984)
WAS THE FORCE USED REASONABLE
S76 CJ&I Act 2008 considers if the force used was reasonable as the defence is not entirely when the force is disproportionate (Tony Martin)
The jury decide whether in all circumstances, the D used reasonable force (Clegg)
Jury looks at: the facts of the case, facts as D believed them, circumstances of the attack, the time available to D to decide his course of action & the risk to D balanced against the risk of harm to V
HOUSEHOLDERS
The Crime and Courts Act 2013 s43 has amended s76 of the Criminal Justice and Immigration Act 2008 to give a wider defence to householders when an intruder enters their property “grossly disproportionate”
Only applies when: D must be in/ partly in a building that is dwelling; and D must not be a trespasser; and D must have believed V to be a trespasser
OTHER RULES
Intoxicated mistake - an intoxicated mistake will not provide a defence to a crime of basic intent (Kingston)
If drunken mistake is about self defence s76(5) Criminal Justice & Immigration Act 2008 - D will never have a defence to basic or specific intent crimes (O’Grady/ Hatton)
