Self Defence Flashcards
Definition
A full defence to a crime where D is acting in self defence, defence of others or to prevent a serious crime
What is the rule with force?
The force must be necessary
The force must be proportionate (Hussain)
What is the rule with mistaken belief?
If the D is mistaken but still acting in self defence or defence of others then it is allowed (Williams) unless they are intoxicated
What is rule with pre-emotive strikes?
D can strike first if they believe the force to be in defence of themselves or others (Beckford)
What is the rule with duty to retreat?
D does not need to show reluctance to fight in order to claim the defence (bird)
What is the rule with excessive force?
If force is more than reasonable then it is not allowed defence (clegg)
What are the rules with householder cases?
Force can cause serious harm to V and it is up to the jury to decide what is grossly disproportionate (ray)
