Self-defence Flashcards
What types of protection can self-defence be used for?
Protection of oneself, another person, or property.
What statute codifies self-defence?
Section 76 Criminal Justice and Immigration Act 2008.
What is the legal test for self-defence?
- Subjective: Did D honestly believe force was necessary?
- Objective: Was the force used reasonable in the circumstances as D believed them to be?
What does Section 3(1) Criminal Law Act 1967 state?
A person may use such force as is reasonable in the prevention of crime or in effecting a lawful arrest.
What is the rule on excessive force?
If excessive force is used, self-defence fails and D is guilty of the offence.
What does Section 76(3) CJIA 2008 cover?
It covers the subjective test – whether D believed force was necessary based on the circumstances as they appeared to them.
What does Section 76(4) CJIA 2008 state about mistaken belief?
If D genuinely believed in the need for force, they can rely on that belief—even if it was mistaken.
What case supports mistaken belief in self-defence?
Williams (1987) – D judged on his mistaken view of facts, regardless of whether the mistake was reasonable.
What does Section 76(7) CJIA 2008 say about reasonable force?
Force may be considered reasonable if it was instinctively and honestly done in the heat of the moment.
Which case illustrates instinctive and honest action being potent evidence?
Palmer (1971) – Jury may accept that honest instinctive reaction is reasonable.
What happened in Martin (2001)?
D was found guilty as the victim was fleeing and no longer a threat – excessive force used
Why did self-defence fail in Hussain and another (2010)?
Because the attack was a revenge act after the threat had ended.
What is the rule on retreat in self-defence?
There is no duty to retreat (Bird 1985), though showing unwillingness to fight may help.
Is pre-emptive self-defence allowed?
Yes, if there’s an imminent threat (R v Deana), but not if the threat is general or distant (Salih 2008).
What happens if D is the aggressor?
D may still use self-defence unless they were the aggressor throughout (Rashford 2005
What does the law say about householder cases?
Force must not be grossly disproportionate. It can be disproportionate under certain conditions (Crime and Courts Act 2013, s43).
What case explores householder self-defence in detail?
Ray (2017) – force judged based on D’s belief, and jury considers factors like time of day, shock, and presence of others.
Can a drunken mistake support self-defence?
No – O’Grady (1987) and s76(5) CJIA: intoxicated mistake cannot be relied on for self-defence.
