Self Defence Flashcards
What is allowed under self defence regarding force?
A person is allowed to use force that negates the actus reus of a crime to protect themselves, another, or property.
What is the difference between self defence at common law and the statutory defence?
Self-defence at common law covers violent offences against the person, while the statutory defence in s.3 of the Criminal Law Act 1967 covers both violent and non-violent offences and offences against property.
What two questions will the jury consider when determining self defence?
- Was the force necessary given the circumstances? 2. Was the amount of force used reasonable?
How is necessity for force judged in self defence cases?
The defendant is judged subjectively based on their honest belief in the necessity of the force.
What does the Criminal Justice and Immigration Act 2008 state about mistaken beliefs in self defence?
Even if the defendant is mistaken about the need for force, the defence is still available.
What case exemplifies mistaken belief in self defence?
R v Williams (Gladstone) (1997) - a man mistakenly believed he was protecting a youth being attacked.
What is a pre-emptive strike in self defence?
A pre-emptive strike can be justified if there is fear of imminent attack.
What case established the principle regarding pre-emptive strikes?
R v Beckford (1988) established that a man about to be attacked does not have to wait for the first blow.
Is there a legal duty to retreat when attacked?
No legal obligation to retreat exists, though showing unwillingness to fight can help the defendant.
What case indicates the acceptance of a fight or flight response in self defence?
R v Bird (1995) recognizes the natural reaction of fight or flight.
What makes force unreasonable in self defence cases?
Force is unreasonable if it is disproportionate in the circumstances.
How do size and skill factor into the reasonableness of force used in self defence?
The jury will take into account the size, strength, and skills of both parties.
What happens if excessive force is used in self defence cases related to murder?
If excessive force is used, self defence is not a valid defence, and there is no fallback to manslaughter.
What case illustrates the consequence of excessive force in murder?
R v Clegg (1995) - shots fired when there was no danger leading to a guilty verdict.
What legal protection does the Criminal Justice and Immigration Act 2008 provide to householders?
It allows householders better legal protection when using the defence of prevention of crime.
What must be proven about force used by householders under the statutory defence?
The force must not be grossly disproportionate.
What case is associated with grossly disproportionate force in self defence?
R v Martin (Anthony) (2002) - excessive force used based on a mistaken belief due to a personality disorder.
What does S.76(5) of the Criminal Justice and Immigration Act 2008 state about intoxication and mistaken belief?
A defendant cannot rely on a mistaken belief if it is caused by voluntary intoxication.
What case followed the principle concerning intoxicated mistakes in self defence?
R v O’Grady.
What case illustrates a mistaken belief due to hallucinations?
R v Lipman - the defendant believed he was being attacked by snakes.
What statutory defence also covers self defence?
The statutory defence contained in s.3 of the Criminal Law Act 1967.
What act specifies the degree of force that can be used in self defence?
The Criminal Law Act 1967.
What do courts consider when deciding if the force used was reasonable?
The courts consider the context and circumstances surrounding the self defence incident.
Which case highlighted the issue of showing unwillingness to fight?
R v Bird (1995) demonstrates that there’s no need to show unwillingness to fight.
