Self Defence Flashcards
Definition
Criminal Law Act 1967 S3(1) can use the defence to prevent a crime or make a lawful arrest, you can use self defence to protect your self or others
Criminal Justice & Immigration Act 2008 S76(4) states D must genuinely believe that force was necessary in the circumstance, the defence is also available even if D makes a mistake
Burden of Proof on CPS to prove the defence should not be allowed
Was force necessary?
Gladstone Williams - if D reasonably believed that force was necessary in the circumstances, even though mistakes S76(3) -S76(4)
S76(5) CJI - if mistake was intoxicated then no defence
Beckford - D can make a pre-emptive
Bird - D does not have to show they are unwilling to fight
Was the amount of forced used reasonable?
In Palmer, Lord Norris said:
- in the best of the moment, D may not be able to weigh to a nicety the exact measure of his defensive action - S76(8)(a) of CJI Act
- If D had only done what they honestly and thought was necessary S76(8)(a) CJI Act 2008
- Martin = excessive force is not self defence
