Self Defence

Question 1

Where is public defence set out

Answer 1

S3 criminal law act 1967

Question 2

What does s3 of the criminal law act 1967 say

Answer 2

A person may use reasonable force to prevent crime or assist arrest

Question 3

Types of self defence

Answer 3

Public defence

Self defence

Question 4

What case happened in 2004

Answer 4

R v Jones

Question 5

What happened in r v Jones 2004

Answer 5

Defenders protesting about Iraq war and caused damage to base. Tried to argue under s 3 preventing international crime court said aggression not a crime

Question 6

Rules for self defence

Answer 6

Use of any force was unnecessary or some but not all was justified
Actual degree of force was unreasonable

Question 7

How do the courts asses self defence

Answer 7

Imminent threat

Justified mistake

Question 8

When was cousins

Answer 8

1982

Question 9

What happened in the case of cousins

Answer 9

Believed contract taken out on his life
Threatened persons father with a gun
C of a quashed conviction said self defence should have been allowed

Question 10

How do courts asses if mistake was justified

Answer 10

Assess actions in response to mistake

Question 11

When was r v Willian’s

Answer 11

1987

Question 12

What happened in case of r v Willian’s 1987

Answer 12

D thought a man was attacking a youth but was arresting him
Man ended up getting hurt
C of a quashed conviction - honest mistake not reasonable

Question 13

How is degree of force assessed

Answer 13

Subjective and objective element. Jury decide if reasonable based on perception of d’s circumstances

Question 14

What does criminal justice and immigration act 2008 set out

Answer 14

Mistake of level of force must be honest not reasonable r v Martin

Question 15

Evaluation

Answer 15

Protects defendant too much 
Rules largely developed in male to male violence 
Abused women?
Should consider characteristics of D 
Subjective jury