Self Defence Flashcards
S. 3 Criminal Law Act 1967
Provides that a person may use such force as is reasonable in the circumstances in the prevention of crime
Statutes of self defence
S. 3 Criminal Law Act 1967
S76 Criminal justice and Immigration Act 2008
S76 Criminal justice and immigration act 2008
Enacted to clarify certain issues relating to the common law defence of self defence and use of force in order to prevent the commission of an offence s.3 Criminal law act 1967
2 questions must be in issue:
A) whether or not defendant was entitle to rely on self defence
B) whether degree of force used by defendant against victim was reasonable in the circumstances
R v Martin (2001)
C of A held that evidence of defendants mental state which might skew his belief of threats to be more serious than they actually were was not taken into account in assessing the reasonableness of the force used by the def in self defence
R v Martin (Paul) 2000
More subjective approach - other matters can be taken into account where they are relevant to deciding whether use of force by self defence was necessary and whether force used was reasonable
R v Clegg
Where it was decided that Clegg was entitled to use force in self defence but was unreasonable amount and therefore murder conviction upheld. Problem here is that he was tried in a ‘Diplock Court’- no jury present, but even if there was a jury it would be hard to predict the outcome
R v Williams
Subjective approach
R v Rose
Law of self defence extends to permitting a defendant to use reasonable force in the protection of others
- usually some connection between def and who he wants to protect but also not necessary in the case of Re A (conjoined twins).
