Self-Defence

Question 1

2nd step

Answer 1

Force must be reasonable

Question 2

3rd step

Answer 2

Mistake

Question 3

Common law defence

Answer 3

Uses violence in order to protect themselves or another

Question 4

Statute law defence

Answer 4

The prevention of a crime - s3 criminal law act 1967

Question 5

Necessary means

Answer 5

Threat of harm or in the prevention of crime

Question 6

D can act to

Answer 6

Defend another
Defend property
Prevent a crime from being committed
Must be either under attack or threat of attack

Question 7

If D has the opportunity to retreat the force is not necessary

Answer 7

R v mcInnes

Question 8

Unnecessary to show an unwillingness to fight

Answer 8

R V bird

Question 9

The threat must be immediate but D does not have to wait to be hit first to act

Answer 9

DPP v Bailey

Question 10

What does reasonable mean

Answer 10

A balance must be sought between the force used and the threat that was being prevented

Question 11

The true rule is that a person may use such force as is reasonable in the circumstances as he believes them to be

Answer 11

Owino

Question 12

Reasonable could include 25% more force being used

Answer 12

Cross and kirby

Question 13

Must be taken into account the limited amount of time for reflection and reaction

Answer 13

AG for N.Ireland 1977

Question 14

Reasonable force has to be proportionate to the threat

Answer 14

S.76 CJA 2008

Question 15

What can the D be mistaken about

Answer 15

The fact that they are under attack or that the threat was bigger than it was

Question 16

D charged with murder after shooting and killing a suspect but believed V was about to shoot him

Answer 16

R v Beckford

Question 17

Cannot use mistake if you are voluntarily drunk

Answer 17

R v O’Grady

Question 18

Self defence for a householder where D

Answer 18

Must not be a trespasser
Must have beloved v to be a trespasser
Have used force while in or partake in a building that is dwelling

Question 19

Criticisms (6)

Answer 19

Use of excessive force - using too much force you could lose defence
Degree of force - meant to be objective but it is subjective
Sex Discrimination - women are more likely to use a weapon
Mistaken belief - very lenient, contrary to Art.2
Householders - very wide law
Pre-emotive strikes and preparation V revenge attacks - hussain

Question 20

1st step

Answer 20

Force must be necessary