Self-defence Flashcards
What is self defence
Common law defence which has been incorporated into statute through the Criminal Law Act 1967 and the Criminal justice and immigration act 2008
what does it include
protecting others, property and the prevention of crime generally
What type of defence is it
a complete defence, meaning D can be excused of all liability if the defence succeeds.
In order to successfully plead Self-defence what must there be in order to plea SD
Force used by D was necessary and reasonable in the circumstances
How to decided if the force is necessary
jury must make their decision based on the circumstances as D believed them to be. This means D can make an honest mistake about events and still rely on the defence. The only restriction is that D cannot rely on a drunken mistake.
what happened in williams
D made a genuine mistake about events when he believed a youth was being attacked but was actually a robber being placed under an arrest. he acted in defence of youth.
Jury considered that D honestly believed the circumstances to be, even if D was in fact mistaken SD can still be used.
Was the degree of force reasonable?
Force can still be considered reasonable even if it is part of a pre-emptive strike. However, force used must always be proportionate to danger. if the danger is past then lethal force is likely to be classed as excessive
What happened in AG ref no 2 of 1983
D’s shop had been targeted several times during riots, d prepared petrol bombs in advance for next attack - it was a pre-emptive strike but it may be ‘reasonable force’
What happened in Tony martin
D shot burglar in back as he ran away. Threat had passed and therefore the use of the gun was excessive. so defence failed.
