Self-defence Flashcards
What are the two possible reasons for acting under common law defence of self-defence?
In protection of life and limb of yourself or another, and in protection of property
Referenced cases: R v Gladstone Williams and R v Hussey.
What does the statutory defence under the Criminal Law Act 1967, s 3 allow?
The use of reasonable force in the circumstances for:
* The prevention of a crime
* Assisting in the arrest of an offender
* Common law uses
Statutory defence details.
What are the two components of the test in R v Owino for self-defence?
- D honestly believed that the use of force was necessary (trigger)
- The level of force used was objectively reasonable in the circumstances as D believed them to be (response)
What must the prosecution do to prosecute if D raises self-defence?
Prove beyond reasonable doubt that the defendant did not act in self-defence
Is self-defence a complete defence?
Yes
What may the defence raise if self-defence is unsuccessful in a murder case?
Loss of control - R v Clegg
What constitutes the trigger for self-defence?
Subjective test - a genuine belief that it was necessary to act in defence
Does it matter whether the belief in self-defence is reasonable?
No, only the subjective belief of D matters
Referenced case: R v Gladstone Williams.
Can a defendant rely on mistaken belief if it is due to voluntary intoxication?
No, they cannot rely on their mistake
Referenced case: R v O’Connor and s 76(5) CJIA 2008.
What types of mistaken belief can substantiate self-defence?
Mistake due to psychiatric problems such as PTSD
Referenced case: R v Press and Thompson.
Is there a duty to retreat in self-defence cases?
No duty to retreat
Evidence of D not wanting a fight can be relevant (R v Bird).
Can self-defence be used by an antagonist?
Yes, if excessive force is used by someone in self-defence, the antagonist can claim self-defence
Referenced cases: R v Forrester, R v Keane and McGrath.
Can self-defence be anticipatory?
Yes, self-defence may be anticipatory
Referenced case: AG’s Reference (No 2 of 1983), Beckford v R.
Can force be used against an innocent third party in self-defence?
Yes, force can be used against an innocent third party
Referenced case: R v Hichens.
What is the response test for non-householder cases?
Was the force used reasonable in the circumstances as the D believed them to be?
Objective test
When is a mistaken belief not considered in non-householder cases?
If it was attributable to voluntary intoxication.
What must the circumstances believed by the defendant not be?
The circumstances as the defendant believed them to be must not be disproportionate.
What is reasonable action in non-householder cases?
Evidence of having only done what the person honestly and instinctively thought was necessary for a legitimate purpose.
What must the jury consider when assessing reasonableness?
The jury must bear in mind that the defendant may have acted in the heat of the moment (Palmer v R) and can not weigh to a nicety the exact measure of any necessary action.
What defines householder cases?
- D in a building or part of a building that is dwelling
- D not a trespasser at the time the force is used
- D believed the victim to be entering the building as a trespasser
What is the test for reasonableness in householder cases?
- Was the force used grossly disproportionate?
- If not, was it reasonable?
What should the jury consider if the force is not grossly disproportionate?
The jury should consider whether the force was reasonable, taking into account that the level of force should not be weighed to a nicety.
What is good evidence of reasonable force in householder cases?
If the defendant believed in a moment of unexpected anguish that they were using reasonable force, that is very good evidence that the force was reasonable.
