Self Defence

Question 0

Necessary

Answer 0

Imminence of the threat
Beckford can be immediate and doesn’t have to wait pre emptive strike can be made
Agr n 2/1983 can be illegal
Rashford initial aggressor
Manlik v Dpp created the situation
Retreat
Doesn’t have to as in mc innes but will provide evidence of necessary
Bird can’t
Mistake
As genuine as in Williams Gladstone can be used

Question 1

What is key in self defence?

Answer 1

Was the force necessary?

Was the force reasonable to the threat?

Question 2

Reasonable

Answer 2

Palmer can’t know the exact
But cross v Kirby states enough to disable further attacks
Hussian wasn’t reasonable
O Grady states that if intoxic has affected the judgment can’t be used

Question 3

When can self defence be used?

Answer 3

Defence against oneself
Defence against another
Defence of property
Prevention of a crime