Self-defence

Question 1

Definition

Answer 1

D admits committing the AR with the necessary Mr, but says it was self-defence

Question 2

Purpose of self defence

Answer 2

D can use ferry under common law to protect himself, others, property or to preventa crime (s3(1) criminal law act 1967)

Question 3

Was the use of force necessary in the circumstances? The use of force is not justified if it was not necessary

Answer 3

S 76 criminal justice & immigration act 2008: D can rely on a genuine belief of circumstances even if they were mistaken was unreasonable (Williams)
D does not need to show reluctance to fight (bird)

Question 4

Was the force used reasonable?

Answer 4

s76 criminal justice & immigration act 2008 considers is the force used was reasonable as the defence is lost entirely when the force used is disproportionate (Tony Martin)
The jury decides whether in all circumstances, the D used reasonable force (Clegg)

Question 5

House holders

Answer 5

s43 crime and courts act 2013 amended s76 of the criminal justice & immigration act 2008 to give a wider defence to house holders when an intruder enters their property “grossly disproportionate”

Question 6

Other rules

Answer 6

Intoxicated mistake - will not provided 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 (Hatton)