Self-defence

Question 1

SELF DEFENCE

Answer 1

complete defence
Common law- to decent yourself or another
Statutory defence- (CLA 1967) may use defence in reasonable circumstances in presentation of crime.

Question 2

Was the force necessary?

Answer 2

Can be mistaken belief but must be a genuine belief (Williams Gladstone)
Not a drunken mistake (ogrady)

Question 3

Was the force reasonable?

Answer 3

S76 CJ&I act 2008- not expected to weigh to a nicety the exact measure of any necessary action’ provided they acted ‘honestly and instinctively’ for a ‘legitimate purpose’

Question 4

Must not be excessive force

Answer 4

Force must not be excessive (clegg/Martin)
However can be excessive in a dwelling (CCA 2013)
But NOT grossly disproportionate