self defence

Question 1

what type of defence is a common law defence of self defence/defence of another

Answer 1

a complete defence (D will be acquitted If he succeeds)

Question 2

what is the right of private defence

Answer 2

the right to use force in defence of oneself, in defence of property or in defence of another against an unjustifiable attack

Question 3

what statutory defence is there under s.3 CJA

Answer 3

statutory defence of prevention of crime

Question 4

what type of defence is the statutory defence of prevention of crime

Answer 4

complete defence (d will be acquitted if it succeeds)

Question 5

what is the right of public defence

Answer 5

the right to use force in the public interest to either prevent crime/lawfully arrest someone

Question 6

what is private and public defence a general defence to

Answer 6

any crime of which the use of force is an element

Question 7

who is the burden of proof on if D raises either private/public defence

Answer 7

the prosecution to disprove is beyond reasonable doubt

Question 8

what are the two main points to be decided for private/public defence

Answer 8

• was the use of force necessary

- was the amount of force used reasonable in the circumstances

Question 9

what must d firstly, honestly believe for their claim of private/public defence to succeed

Answer 9

that the circumstances are such that the use of force is necessary

Question 10

is D under a duty to retreat if faced with threat from another

Answer 10

no, the possibility of retreat is merely a relevant factor to determine whether ds use of force was necessary: s76 CJ and immigration act

Question 11

if the attacker is running away, is use of force considered necessary

Answer 11

it is highly unlikely that it will be considered necessary

Question 12

which case supports the fact that it is highly unlikely Ds force will be considered necessary

Answer 12

HUSSAIN AND ANOTHER

Question 13

HUSSAIN AND ANOTHER

Answer 13

C/A held that they could not use defence of self defence to avoid being guilty of s.18 as danger was over when they beat up the fleeing burglar. this was a revenge attack and use of force not necessary

Question 14

does D have to wait to be attacked before he can use force to defend himself

Answer 14

no, d may make a pre-emptive strike or make preparations to defend himself if he apprehends an attack

Question 15

which case illustrates that d does not have to wait to be attacked to defend himself

Answer 15

ATTORNEY-GENERALS REFERENCE

Question 16

ATTORNEY GENERALS REFERENCE

Answer 16

C/A accepted that D could make preparations in self defence. this is so even if preparations involve breaches of the law

Question 17

what is D to be judged on if he genuinely made a mistake about being threatned/needing to act to prevent crime

Answer 17

on the facts as he believed them to be. this is so even if the mistake was unreasonable s76 CJIA

Question 18

which case is confirmed by the fact that d should be judges on facts as he believed if he makes a mistake about necessity of use of force

Answer 18

WILLIAMS

Question 19

WILLIAMS

Answer 19

C/A quashed conviction and held that D was to be judges on facts as he believed them to be. his mistake as to the need to defend another didn’t have to be a reasonable one, as long as it was genuinely held

Question 20

is a mistaken belief caused by ds voluntary intoxication sufficient for the defences of self defence/ prevention of crime

Answer 20

no

Question 21

which case illustrates voluntary intoxication is not a defence for self defence/prevention of crime

Answer 21

O’GRADY

Question 22

O’GRADY

Answer 22

defence of self-defence rejected due to intoxicated mistake

Question 23

what must it be secondly for a private/public defence to be successful

Answer 23

that a reasonable person would have used that amount of force in the circumstances as d believed them to be

Question 24

will the degree of force used be reasonable if it was disproportionate in circumstances

Answer 24

no, S76 CJIA

Question 25

when will the degree of force used against a burglar not be reasonable in householder cases

Answer 25

if it was grossly disproportionate in the circumstances: s76 CJIA

Question 26

what may d not be able to do in defence

Answer 26

to weigh to a nicety the exact measure of any necessary action s76 CJIA

Question 27

when is there strong evidence that only reasonable action was taken

Answer 27

when D only did what he honestly and instinctively thought was necessary- s76 CJIA

Question 28

what must the court ignore when deciding whether the degree of force used by d was reasonable in the circumstances

Answer 28

any psychiatric condition that might cause d to perceive much greater danger than the average man: MARTIN