Self-defence Ao1

Question 1

Who does self defence cover?

Answer 1

Oneself and others from attack.

Question 2

Where is self defence contained in and when?

Answer 2

S3 Criminal Law Act 1967

Can use such force as is reasonable to prevent crime or assist in lawful arrest.

Question 3

3 key questions for self-defence

Answer 3

Force for a permitted purpose?
Force necessary?
Force reasonable?

Question 4

Force for a permitted purpose reasons (3)

Answer 4

Protect self/others
Protect property (Criminal Damage Act 1971)
Prevent crime

Question 5

Force necessary question and section

Answer 5

S76(3)-Was force necessary based on facts defendant believed them to be?

Question 6

Force necessary cases (2)

Answer 6

Williams-where D makes a genuine mistake-they must be judged by facts as they believed them to be

Tried to stop man robbing woman but was man was actually trying to arrest other.

Hussain-if attacker is running away, unlikely force is necessary

Question 7

Force reasonable and section

Answer 7

S76(3)-force must be proportionate in circumstances

Question 8

What is reasonable force if there is a legitimate purpose?

Answer 8

A person may not be able to weigh the exact measure of necessary force, so an allowance is made.

If D does what they honestly thought was necessary, strong evidence action is reasonable

Question 9

Reasonable force cases

Answer 9

R v Clegg-V killed by bullet fired when car was 50ft away-force was unreasonable-excessive (CLEG IN THE CAR)

R v Martin-psychiatric conditions are irrelevant

Question 10

Householder cases on force

Answer 10

Wider defence-Degree of force reasonable as long as not grossly disproportionate