Self-defence

Question 1

When can self defence be used?

Answer 1

• In protection of life and limb of yourself or another
• R v Hussey - In protection of property
• R v Gladstone & Williams - in defence of another

Question 2

R v Bullerton

Answer 2

Self defence cannot be used to protect one’s peace of mind

Question 3

What are the elements of a self defence defence?

Answer 3

• Trigger - Belief force is necessary (subjective)

- Response - Level of force appropriate in repsosne

Question 4

R v Gladstone Williams

Answer 4

• If belief that force is necessary is genuine then self-defence will operate

Question 5

R v O’Connor

Answer 5

• Mistaken drunken belief is not grounds for self defence

Question 6

R v BIrd

Answer 6

• No duty to run away

- If the D indicates they do not want to fight then this is the best defence

Question 7

Devlin v Armstrong

Answer 7

• D can use self defence in anticipation of imminent attack

Question 8

AG Ref No 2 of 1983

Answer 8

• D can use physical force to protect his family or property from imminent attack
• Can be prepared for attack (armed) providing the attack is imminent, and no longer armed once no longer imminent

Question 9

R v Rashford

Answer 9

Self defence may be used where D is the initial aggressor, but other party responds with unreasonable force. Any subsequent force from initial aggressor can be classed as self-defence

Question 10

Reasonable force

Answer 10

OBJECTIVE test but based on D’s subjective knowledge

Question 11

Palmer v R

Answer 11

• Decision taken in the ‘anguish of the moment’ as to what is appropriate force

Question 12

R v Clegg

Answer 12

Any excessive force will mean the defence fails

Question 13

Children and Young Person ACt 1963

Answer 13

No child under 10 can be guilty of an offence

R v T - Children over 10 will be convicted but sentences will be adjusted accordingly

Question 14

R v Owino

Answer 14

The force which is reasonable is an objective test based on the D’s subjective knowledge