Self Defence A01

Question 1

general defence

Answer 1

operates as a full defence only

Question 2

two types of self defence

Answer 2

• general self defence = common law defence includes defence of another + defence of property
• prevention of crime

Question 3

two part test

Answer 3

1. Was the force necessary
2. Was the force reasonable

Question 4

R v Beckford

Answer 4

pre-emptive strike is justified

Question 5

R v Cousins

Answer 5

can use threats of force and even death to try to stop an attack

Question 6

preparations (AG Reference)

Answer 6

AG Reference No.2 1983
if a df believes he is at risk of attack he may make preparations in order to defend himself.

Question 7

R v Bird

Answer 7

no duty to retreat (if he does it will make it more evident that he is the victim)

Question 8

Criminal Justice and Immigration Act 2008 has defined the degree of force that will be considered reasonable in the circumstances:

Answer 8

s.76(3)

• the degree of force used by the defendant was reasonable in the circumstances (objective test)

-and the defendant believed them to be (subjective test)

Question 9

R v Martin

Answer 9

jury will objectively assess the amount of force that was reasonable - cannot be excessive

Question 10

s.43 Crime and Courts Act

Answer 10

householder cases - degree of force will not be regarded as reasonable only if it was grossly disproportionate

Question 11

R v Clegg

Answer 11

if the danger has passed and force was not required then it will be rendered excessive

Question 12

the defendant may not be able to weigh to a nicety the exact measure of any necessity

Answer 12

s.76(7)

Question 13

R v Williams (Gladstone)

Answer 13

the mistake must be honest but did not need to be reasonable

Question 14

voluntary intoxication

Answer 14

R v O’Grady confirm that is the mistaken belief was attributable to voluntary intoxication the defence will not be granted