Self-defence Flashcards
Is self defence a partial or complete defence?
it is a full defence, and can be used on a range of offences
List the ways in which this defence can be used by the general public
under the Criminal Law Act 1967 reasonable force may be used in order to:
- Prevent crime
- assist in the lawful arrest of offenders
- prevention and protection of property from damage
AG reference No.2 of 1983: defence is allowed when in possession in preparations of attacks provided the possession ceases when the danger of attack is no longer imminent.
Under what legislation is the defence of Self-defence under?
S.76 of the Criminal Justice and Immigration Act 2008.
Force used has to be reasonable. To judge this there are subjective and objective elements.
What is the subjective element of self-defence?
S.76(3) - Was the degree of force used reasonable in the circumstances as D believed them to be. the defendant is entitled to hold his belief whether or not it was mistaken.
R v Gladstone Williams - ‘if the defendant may have been labouring under a mistake as to the facts he must be judged according to his mistaken view’
R v Palmer - ‘it is both good law and good sense that he may do, but only do, what is reasonably necessary’
What does the law say regarding self-defence and alcohol?
S.76(5) - R v O’Grady -A defendant is not allowed to reply on the mistake of fact which has been induced by voluntary intoxication.
R v McGrath - Intoxicated mistaken belief
What is the objective element of self-defence?
The question of reasonable force is decided by reference to the circumstances the defendant believed them to be, the level of force is decided objectively.
R v Owino - explains both subjective and objective elements required for self-defence: The jury then has to decide whether the force used was reasonable objectively in the circumstances.
- it must be reasonable in the circumstances subjectively and objectively, and the level of force used must be proportionate
Can self-defence be used in a fight situation?
Objectively showing an unwillingness to fight is good evidence that the defendant is acting reasonably - R v Bird
Give the three cases related to inciting and revenge
R v Keane - if the defendant is the aggressor there is no guaranteed right to self-defence
R v Hussain - held they couldn’t use the defence as all the danger to D from the original attack was over. (Householder can use proportionate force)
R v Martin - the attackers were running away when he fired so the use of force was unreasonable.
