Self Defence Flashcards
Two main points of self defence
Was the force used necessary?, if it was
Was the force used in the circumstances reasonable?
Retreat
S6A criminal justice and immigration act 2008( an amendment added by S148 of LASPO 2012
The fact that whether the D could have retreated is a relevant factor when deciding whether the force used was necessary
If the attacker is running away then it is unlikely that the force was necessary- Hussain and another
Was force necessary?
This depends on the circumstances in the case but it is up to the jury to decide
Genuine mistake
Where the D makes a genuine mistake the jury have to decide whether the force used by D was unnecessary in the circumstances that D believed existed- williams
Drunken mistake
S76(5) CJ and I act 2008
States that a D cannot rely on the mistaken belief of circumstances when voluntarily intoxicated
Degree of force
S76(7) of the CJ and I act 2008
A) a person acting for a legitimate reason may not be able to weigh to a nicety the exact measure of any necessary action; and
B) that if there is evidence that the person “ honestly and instinctively “ thought that the force he used to protect himself or another
Then this provides strong evidence that the defensive action was reasonable in the circumstances
However if all force is used after the danger from the assailant is over then the defence is not useable
Householder cases
The Crime and courts act 2013 has amended s76 of the CJ and I act 2008
Normally The force used needs to be “disproportionate”
However when dealing with an intruder the force used needs to be “Grossly disproportionate “
To be a householder case:
The force concerned is force used by D while in or partly in a building that is a dwelling
D must not be a trespasser
D must have believed V was trespassing
It does not have to be Ds home it can also be Ds workplace
Mistake as to circumstances
The CJ and I act 2008
Makes it clear that the degree of force has to be measured against the circumstances as the D believed to be
Unless this mistake was brought about by voluntary intoxication
