Self Defence

Question 0

Owino (1986)

Answer 0

Use of force in private defence, 1. did D honestly believe that the circumstances required him to use force to defend against an attack or threatened attack? 2. was the force used reasonable in the circumstances as D believed them to be?

Question 1

Martin (Anthony) (2002)

Answer 1

M shot 2 burglars in his home, was suffering from paranoid personality disorder, held that psychiatric disorders wont usually be taken into account.

Question 2

Beckford v R

Answer 2

Circumstances may justify a pre-emptive strike, D does not always have to wait until he is struck before he can defend himself.

Question 3

Attorney General’s Reference (No 2 of 1983)

Answer 3

Shopkeeper made petrol bombs to keep potential rioters away, test for pre-emptive strikes, 1. did D apprehend immediate attack, and 2. were the steps taken reasonable?

Question 4

Bird (1985)

Answer 4

D lunged at man with glass in her hand, claimed self defence, held that whether or not D tried to retreat or prevent a fight is evidence as to the reasonableness of the force used, but it is not decisive.

Question 5

O’Grady (1987)

Answer 5

D woke up after a night of heavy drinking to his friend hitting him, in the ensuing fight he killed his friend, he could not rely on having made a mistake of fact which had been induced by voluntary intoxication.