Self-defence Flashcards
Where can we find the defence of self-defence?
- At common law
- s3 Criminal Law Act 1967
- s76 Criminal Justice and Immigration Act 2008.
When can self-defence be used?
To protect yourself or another, or property, from actual physical attack or the threat of imminent physical attack.
What did the case of R v Bullerton consider? What was the verdict?
The case considered whether physical self-defence could be used against psychological and emotional attack. The verdict was ‘Like must be met with like’.
What is the test for self-defence?
D is entitled to the defence if he 1) honestly believed the use of force was necessary and 2) that the level of force he used was reasonable.
Which part of the test for self-defence is a subjective test and which is objective?
Whether D honestly believed the use of force was necessary is subjective. Whether that level of force was reasonable is objective.
What is the common law authority for a subjective test to determine the defendant’s honest belief?
R v Gladstone Williams
What was Gladstone Williams’ mistake?
He believed a youth was attacking a man. The youth was in fact lawfully apprehending the man who had attempted to rob a woman.
In which statutory provision can we see the uptake of the ratio ‘If the belief was in fact held, its unreasonableness, so far as guilt or innocence is concerned, is neither here nor there’ taken from R v Gladstone Williams?
s76(3) and (4)
Which case and which statutory provision confirm that if the mistaken belief is due to voluntary intoxication, the defendant will not be able to rely on his mistake unless the reasonable man when sober would have done the same?
R v O’Connor and s76(5) CJIA
What principle do we get from the case of R v Bird?
There is no duty to retreat from attack.
What principle do we get from Beckford v R? What does the case of Devlin v Armstrong clarify?
According to Beckford a defendant may make the first blow and still rely on the defence, but Devlin v Armstrong limits this to cases where the anticipated attack is imminent.
How was the defence applied in the case of R v Forrester?
The defence was made available to the initial antagonist.
What does the case of R v Rashford add?
Self-defence is available for the person who starts a fight if the other party goes over to the offensive.
Which case and statutory provision tells us the second part of the self-defence test, namely that the level of force used must be reasonable, is an objective test based on what the defendant believed at the time?
R v Owino and s76(6) CJIA
Which two cases and which statutory provision says the jury, when applying the objective test of reasonable level of force, must bear in mind that the defendant may have acted in the heat of the moment?
- AG’s Ref for Northern Ireland (No 1 of 1975)
- Palmer v R
- s76(7) CJIA.
