Self Defence Flashcards
Test
A person may use such force as is reasonable in the circumstances as he believes them to be in the defence of himself or another. There are therefore two elements required for the defence to succeed
The defendant must believe it was necessary in the circumstances to use force to defend himself
The force actually used must be reasonable
Was the use of force justified
It is a subjective defence, the jury must put itself into D’s shoes at the time with little time for reflection - Palmer
Pre emptive strikes
R v beckford
D can use threats of force or threats of death in order to try and stop an attack on himself or to prevent a crime
There is no duty to retreat but failure to do so will be a factor in considering whether there was a need for force - r v bird
Reasonable force?
Was the actual level of force reasonable?
No definition of reasonable force, up to the jury to determine whether it was. Jury will take various factors:
The threat of harm
Urgency of the situation
Any other options open to d
Whether d is protecting property or people
Jury must consider d was acting in the heat of the moment
Excessive force
Not to be regarded as been reasonable if it was disproportionate
R v clegg - defence failed because he used excessive force
All or nothing defence
If accepted the defendant is acquitted, but if the jury believe he used excessive force then it fails and D is found guilty of the offence
Exception for householders
Householders who use disproportionate level of force to protect themselves or others in their home will not automatically be regarded as having acted unlawfully, as long as it is not grossly disproportionate.
Mistakes
D may mistakenly think that there is a threat when in fact there is not.
Even if the D is mistaken about there being a threat (and even if the mistake is unreasonable) the defence will still operate provided the mistaken belief is honestly held
R v Williams (Gladstone) d was not guilty of Abh where he mistakenly believed the youth was being attacked by v. He was judged on the facts as he believed them to be
Intoxicated mistake
R v o’grady - COA said that a mistake due to voluntary intoxication could not form the basis of a defence to any crime
Defence of property
Less force will be justified when protecting property than when protecting people.
Force used to prevent crime/make lawful arrest
The use of force when making an arrest applies only to arrests that are lawful. If an arrest is unlawful, any force would amount to a battery
Burden of proof
On the prosecution who must satisfy a jury beyond reasonable doubt that the defendant was either
Not acting to defend himself or another
Not acting to defend property or to prevent a crime or if he was so acting, the force used was excessive
Effect
All or nothing defence - if there was no need for force or D used too much, the defence fails
If a defendant acts to protect himself, another or property, providing the force used is reasonable, they will have a complete defence to any crime
