Self Defence

Question 0

What offence can self defence be pleaded to

Answer 0

All offences

Question 1

What can force be used as a defence of

Answer 1

Themselves, their property or others

Question 2

Common law - private self defence

Answer 2

A person can use reasonable force in the defence of himself others or property

Question 3

Statue criminal law act 1967 s3

Answer 3

Acting in the prevention of crime - a person may use reasonable force in the circumstances in the prevention of crime or in assisting the lawful arrest of offenders or suspected offenders

Question 4

Conditions that apply to both statutory and common law self defence - did the accused feel forced to act. Was it necessary?

Answer 4

Test is subjective - did D believe force was necessary on the facts as he beloved them to be? If yes the defence applies even if he was mistaken

There must be an imminent threat which isn’t self induce - Malink
Feild -d may go to dangerous places then use force to self defend

Question 5

Mistaken self defence

Answer 5

If the D makes a mistake about weather an attack is taking place (factual) he may still claim self defence if he honestly believed force was necessary.
Gladstone Williams
Beck ford

Question 6

The accused may not rely on a mistake induced. Y intoxication

Answer 6

Force must be the on,t way to repel the attack, however, D is no longer obliged to retreat before using force