Self Defence

Question 1

A person can defend an attack on himself (common law) or against property

Answer 1

S.5 Criminal Damage Act 1971

Question 2

Defence can be used for murder

Answer 2

Rashford

Question 3

D must apprehend that danger is specific and imminent

Answer 3

AG Ref No 2 1983

Question 4

D does not have to wait for an attack he may act pre-emptively

Answer 4

Beckford, Deana

Question 5

Self defence should not be used to justify revenge or vigilante behaviour

Answer 5

Hussain 2010

Question 6

If D showed himself willing to fight or provoked an attack then no defence

Answer 6

Keane 2010

Question 7

Reasonable and proportionate test was first suggested to be purely subjective

Answer 7

Scarlett 1993

Question 8

Case indicating that the reasonable and proportionate test was neither purely objective or subjective

Answer 8

Owino

Question 9

If excessive force is used, defence will fail

Answer 9

Martin, Clegg, Hussain

Question 10

If force used is disproportionate by the standards of the ordinary man, there is no defence

Answer 10

S.76 (6) criminal justice and immigration act

Question 11

Defines building and householder together

Answer 11

S.76(8A) Criminal Justice and Immigration Act

Question 12

An honest mistake can be used to support another defence

Answer 12

R v Gladstone Williams

Question 13

D cannot use defence while voluntarily intoxicated

Answer 13

O’ Grady or S.76(4B) CJ & I Act