Self Defence

Question 1

D is always to be judged on the facts as he believes them to be

Answer 1

S.76(3) CIJA

Beckford v R

Question 2

D is ALWAYS to be judged on the facts as he believes them to be

Answer 2

Sharman v HM Coroner for Inner North London & Anor

Police killed an unarmed man in cold blood bc of faulty info that he had a sawn-off shotgun and fear for theirown safety

Question 3

D cannot rely on a mistake induce by vlountary intoxication

Answer 3

s.76(5)

R v Hatton

Question 4

D is to be judged on the facts as he believes, cannot rely on info he did not have a the time

Answer 4

R v Dadson
Shot an escaping thief
Thief was also a felon which made it legal
Did not know he was a felon so still illegal

Question 5

Self-defence can only be used against unlawful force. If the law requires D to submit to the force then he cannot rely on self-defence

Answer 5

R v Fennell
Interfering with arrest is not reasonable force in self-defence f the arrest is legal (in this case it was as arrest can be made only on reasonable suspicion)

Question 6

No duty to retreat but cannot show yourself willing to fight or intentionally provoke

Answer 6

S.76(6a)
R v Julien
Can’t show that you’re ready to fight (can say that you will retaliate if attacked). If you provoke that may affect proportionality

Question 7

Can’t retaliate with violence to touching

Answer 7

R v Keane

Question 8

R v Jones

Answer 8

Can’t damage government weapons to protect Iraqi citizens bc the court is unwilling to say that the Iraq war is illegal.
Lord Hoffman:
Government has a monopoly on legitimate force. Generally expected to call authorities, involving yourself is really only for the purpose of immediate threats where it is not practical to call for help