self defence

Question 1

self defence

Answer 1

the most basic form of self defence comes under common law. it must be necessary to use force and must be reasonable to do so. the operation of the defence was clarified in s76 of the criminal justice and immigration act 2008 as to the test for reasonableness, it is a complete defence, including murder, as the defendants use of force were justified under the circumstances

Question 2

must be necessary to use some force

Answer 2

this is a subjective test, based to the d’s genuine belief in those precise circumstances

Question 3

the degree of force must be reasonable

Answer 3

this is an objective test, the jury must ask themselves, based on the facts the defendant believed them to be, would a reasonable person regard the force as reasonable or excessive

Question 4

householders and the use of self defence

Answer 4

section 76 of the criminal justice and immigration act 2008 allows a homeowner to use disproportionate force in self defence but the use of force will not be seen as reasonable if the homeowners use of force was seen as grossly disproportionate.

Question 5

r v bird

Answer 5

failure to retreat and avoid conflict does not preclude the application of the defence

Question 6

r v Deana

Answer 6

there is no law to say a person cannot, in the right circumstances, hit another person in self defence rather then wait to be attacked

Question 7

r v williams

Answer 7

an honest but mistaken belief will allow the defence to operate

Question 8

r v Hussain

Answer 8

self defence can only be used as a defence if the threat is immediate