Self-Defence Flashcards
2nd step
Force must be reasonable
3rd step
Mistake
Common law defence
Uses violence in order to protect themselves or another
Statute law defence
The prevention of a crime - s3 criminal law act 1967
Necessary means
Threat of harm or in the prevention of crime
D can act to
Defend another
Defend property
Prevent a crime from being committed
Must be either under attack or threat of attack
If D has the opportunity to retreat the force is not necessary
R v mcInnes
Unnecessary to show an unwillingness to fight
R V bird
The threat must be immediate but D does not have to wait to be hit first to act
DPP v Bailey
What does reasonable mean
A balance must be sought between the force used and the threat that was being prevented
The true rule is that a person may use such force as is reasonable in the circumstances as he believes them to be
Owino
Reasonable could include 25% more force being used
Cross and kirby
Must be taken into account the limited amount of time for reflection and reaction
AG for N.Ireland 1977
Reasonable force has to be proportionate to the threat
S.76 CJA 2008
What can the D be mistaken about
The fact that they are under attack or that the threat was bigger than it was
D charged with murder after shooting and killing a suspect but believed V was about to shoot him
R v Beckford
Cannot use mistake if you are voluntarily drunk
R v O’Grady
Self defence for a householder where D
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
Criticisms (6)
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
1st step
Force must be necessary
