Self Defence Flashcards
When can you use self-defence?
- Another person
- To prevent crime
- Defend yourself
What is the test for self-defence?
s76 Criminal Justice and Immigration Act 2008 (maybe)
- ) Is it necessary to use force in the circumstances as D honestly believes them to be?
- ) Was the actual force used reasonable/ proportionate?
Are honest but unreasonable mistakes allowed?
R v Gladstone Williams :
Facts: -D witnessed a man attack a youth and rushed to youth’s aid hitting the attacker
- The youth had just mugged someone and V was preventing his escape
-Convicted of ABH and appealed
Judgment: Conviction quashed
L.P: -Honest but unreasonable mistakes are allowed
D was entitled to rely on his mistake
May insane people rely on self-defence?
R v Oye (Seun):
Facts: -D assaulted police officers believing they were evil spirits attacking him
-Accepted he was insane but argued force cannot be unreasonable as he was suffering from delusions
Judgment: Appeal dismissed
L.P: -Could not rely on self-defence
- Despite the subjective element of s76(3)
- Standards of reasonableness are objective so not affected by illness
Can people who are voluntarily intoxicated rely on self-defence?
R v Hatton:
Facts: -D battered V to death after consuming large amounts of alcohol and said he believed he was acting in self-defence
Judgment: Appeal dismissed
L.P: -D’s drunken mistake cannot be relied upon for the purposes of self-defence
Is there a duty to retreat?
S76(6A) -> No
R v McInnes:
Facts: - D was charged with murder and S.D was raised
-Judge directed jury that attacked person had to have done all they could to retreat
Judgement: Guilty
L.P: - D must have demonstrated that he did NOT want to fight but no duty to retreat
D as the aggressor:
R v Keane:
-When the defendant is the aggressor or provokes V into attack -> no guaranteed right to rely on self-defence
R v Ray
Facts: -D stabbed girlfriend’s ex-partner during an altercation at her house
-Admitted murder but contended acted in self-defence
Judgment: Guilty
L.P: s76(5A) automatically excludes degree of force which was grossly disproportionate from being reasonable in a householder case -> Does not mean any force shy of this is reasonable
R v Yaman (Tolga)
Facts: - D owned a kebab shop and saw men in there (unknown to D they had a warrant to cut off the gas)
-D snuck in and struck one with a hammer
Judgment: Guilty of GBH
L.P: -Trigger for force assessed subjectively
-Defendants response assessed objectively
