Self-defence Flashcards
What are the 2 questions which must be asked when deciding self-defence?
- Was the force necessary?
2. Was the force reasonable?
What are the 3 types of self-defence?
- Self-defence = protecting self or others
- Defence of property
- Prevention of crime
Is force necessary?
For force to be justified it must be necessary, D is judged based on the circumstances they genuinely believe that they are in.
Jury will consider the surrounding circumstances.
What is meant by pre-emptive strikes?
D does not need to wait to be attacked before defending himself.
R V Beckford-
- Thought man shot gun so shot back a him, he died.
- Man never had gun but still self-defence as he believed he was in danger.
How else can the defendant try to prevent crime?
Can use threats of force of death in order to try to stop an attack on himself or to prevent crime.
R V Cousins-
- Believed there was a contract on his life, told father of man he would kill his son if didn’t cancel the contract.
- Threat will be lawful if it was reasonable in the circumstances.
What is preparing for an attack?
If someone believes they are at risk of an attack on themselves or their property, they are able to make preparations to defend themselves.
AGR 1983-
- Middle of riots believed shop was at risk of an attack so made petrol bombs.
- Acquitted as was only preparing.
What is a duty to retreat?
Question was whether D must retreat or whether they could choose to stay and fight whilst still relying on self-defence.
R V Bird-
- Arguing with ex boyfriend, he hit her and she retaliated.
- Trial judge said could only rely on self-defence if showed unwillingness to fight.
- Appeal stated may be situations where they react immediately without retreating, if actions justified can still rely on defence.
Was the force reasonable?
Was the force used reasonable in the circumstances, they must take into account various factors including threat of harm, urgency, and any other available options to D.
What did the Criminal Justice and Immigration act 2008 define about the degree of force that would be considered reasonable?
Section 76 (3): Whether the degree of force was reasonable in the circumstances the defendant believed them to be. (Subjective)
Section 76 (7): A person acting for a legitimate purpose may not be able to weigh up the exact measure of any necessary action. (Don’t have to be nice)
What must the jury consider when looking at whether force was reasonable?
Consider that D was acting in the heat of the moment and as long as D only did what he thought was reasonable will be sufficient.
R V Owino-
- Punched wife several times as he though she was going to attack him.
- No self-defence as used unreasonable force.
- Confirmed it was not an objective or subjective test as state of mind will be considered as well reasonableness of force.
What the rule with householder cases?
The amount of force used by householders upon a burglar can be a higher amount as high cost/risk involved and people would want to protect what they have worked hard for.
What does self-defence not take into account and why?
They do not take into account any psychiatric injuries (Martin) as the defence may become too widely available.
What is meant by use of excessive force?
If they have used excessive force to defend themselves cannot use self-defence. Criticised as those who think force is needed but misjudges how much is needed will be unable to rely on defence.
R V Clegg-
- Stolen car drove through checkpoint without stopping during times of bombings. Fired 3 shots through windscreen as came towards him. Fired 4th as it went past, killing passenger.
- As car passed checkpoint when fatal shot fired there was no more threat therefore no self-defence as excessive force.
What happens if they mistake the fact self-defence is needed?
The defendant will be judged on the facts that they honestly believed them to be.
R V Williams-
- Victim saw a man trying to rob a woman who chased after him to grab him. D then believed victim was the attacker and punched him, believed he was attacking the other man.
- Directed that the mistake had to be honest and reasonable.
Whats the rule with intoxication and self-defence?
Rule on mistake changes if D has make the mistake due to intoxication.
R V O’Grady-
- Alcoholic who claimed awoke by friend hitting him so he hit him with a broken glass. Friend died due to blood loss.
- Murder conviction upheld as it was mistake by voluntary intoxication.
