Self Defence

Question 1

Self Defence

Answer 1

Self Defence is an all or nothing defence (either full acquittal or murder charge).
Defence found in common law if D can can prove they were in danger and acted reasonably in the circumstances the D believed themselves to be in.
There is a statute defence of Self Defence available under Criminal Law Act 1967- for prevention of crime.

Question 2

Criminal Justice and Immigration Act 2008

CJIA 2008

Answer 2

S.76(3):
- Confirms circumstances D believes themselves to be in are what will be considered when questioning if acted reasonably.

S.76(4):
- States D’s belief about circumstances can be based on a mistake and that mistake can be unreasonable.

Question 3

Reasonable Force

Answer 3

Circumstances D believes themselves to be in:

R v Gladstone Williams 1984:

• Confirms law in CJIA 2008
• D saw man attack youth, Tackles man, Youth had actually mugged man, Prevention of crime can be based on mistake.

Beckford 1988:

• D on appeal to privy court
• D, police officer, shot man he thought had gun
• Conviction Quashed, d can act is circumstances they believe themselves to be in.

D can be willing to fight back:

Byrd 1985:

• Intended to throw drink over boyfriend, threw glass as well.
• Conviction Quashed, don’t need to show unwillingness to fight back.

Question 4

Excessive Force

Answer 4

If force is excessive in relation to danger, then D will not get self-defence.

R v Clegg :
- People coming through checkpoint, D shooting after danger had passed.

Question 5

Pre-Emptive Strike

Answer 5

The law states that a person can prepare to attack in self defence and that the attack does not need to have already started.

AGR No.2 1983:

• Shop owner making petrol bombs in preparation for possible attack during riots.
• Charged with having weapons, found not guilty, held preparation counted as Self Defence.