Self Defence Flashcards
What are the 2 defences
Criminal law ( provides a person with such force as reasonable to stop a crime)
Common Law ( self defence where a person uses violence in order to protect themselves or another)
What criteria did CJIA bring in
- D may not be able to weigh the exact measure of any necessary actions.
- D only did what was ‘honestly and instinctively thought’ to be necessary
- Whether the degree of force was reasonable
When can they be used
- Common law is used to protect oneself
- Criminal law is used in prevention of a crime
What did S.43 Crime and Courts Act 2013 bring in
A degree of force will only be regarded as unreasonable when it is ‘grossly disproportionate’
What criteria must be met to be a householder case
- force must be used by the D while in, or partly in a building that is a dwelling
- D must not be a trespasser
- D must have believed the victims to be a trespasser
When can the defendant use the ‘necessity’ defence
Defendant can only use the defence if his actions were necessary in the circumstances
R v McInnes - Did the defendant have an opportunity to retreat
If the defendant had the opportunity to retreat, this may be evident that the force was not necessary (Man was jumped by a group of ‘greasers’ which lead to his being stabbed to death)
Was the threat imminent ? AG Ref (No.2) (1983)
The court held that there was sufficient imminence to the threat to justify the defence
- man was scared of returning rioters and decided to make petrol bombs
If a mistake was made to the extent of the threat, the court will take it as how dangerous the threat the defendant believed it to be at the time. ( R v Williams )
The appellant witnessed a man attack a youth. He rushed to the aid of the youth and hit the attacker, unaware that the youth had attempted to mug the man and the man was wrestling the youth to the ground
If the defendant is the aggressor, it is unlikely the defence will be successful
(R v Keane)
D said what are you going to do about it to provoke V, upon which V raised his arm but D landed a punch on V
What constitutes a reasonable force.
A balance must be sought between the force used and the threat that was being presented.
Cross v Kirkby
Concluded it was reasonable to include as much as 25% more force being used than necessary (raised self defence)
R v Clegg
Defence failed - the final shot was done once the danger had passed
Evaluation of self defence
- use of excessive force
- householders protecting property
- mistaken belief
- sex discrimination
- degree of force
