Self-Defence (AO1)

Question 1

What is Self-Defence split into?

Answer 1

-Intro
-Main Body

Question 2

What 2 points would you write for the intro?

Answer 2

-State that the law on self-defence is now contained in statute - Criminal Justice and Immigration Act 2008 + Criminal Justice Act 1967
-Can be raised as a defence to any crime and results in a complete acquittal if successfully used

Question 3

How many points for main body?

Answer 3

7

Question 4

What are the first 2 points?

Answer 4

-S76 Criminal Justice and Immigration Act 2008
-Most commonly raised as a defence to non-fatal offences but can be used to protect property, for murder, etc.

Question 5

What are the second 2 points (3 +4)?

Answer 5

-Force used must be necessary in circumstances S76(3) - Subjective test, did D honestly believe force was necessary? “honestly and instinctively” - (Dewar)
-Mistaken belief in use of self-defence - subjective test - S76 (4) CJIA 2008 = D can be mistake as to the need to use force as long as it’s a reasonable mistake to make (Williams)

Question 6

What is the fifth point?

Answer 6

-Force used must be reasonable - S76 (7)(a) could the D weight to an exact measure the nicety of necessary action and (b) did the D only do what he honestly and instinctively thought was necessary for the legitimate purpose

Question 7

What are the last 2 points?

Answer 7

-If excessive force used defence will fail - (Palmer) (Martin) (Clegg)
-D can make a pre-emptive strike - must be an actual threat