Self Defence Ao3

Question 1

self defence
reasonable force : issue

Answer 1

there is uncertainty about what amounts to reasonable force

Question 2

self defence
reasonable force : cause/example

Answer 2

• CJI 2008 only allows ‘reasonable force’ to be used but term ‘reasonable’ isn’t defined.

test is meant to be objective but its more subjective :
- S76(3) force should be what D thinks is reasonable in relation to circumstances
- S76(7) Palmer- D does not need to ‘weigh to a nicety the exact measure’ of necessary force - suggest its what D thinks is reasonable

Question 3

self defence
reasonable force : consequence/evaluation

Answer 3

• if D makes mistake and thinks V is going to attack him, when reasonable man would never have thought this, D can rely on defence
• Clegg - D was convicted of murder because he thought he had to fire to save colleague which goes against sections just mentioned
• HOWEVER law more flexible as ordinary lay jury can decide on a case by case basis

Question 4

self defence
test for force : issue

Answer 4

the test for whether the force used by D was necessary is uncertain

Question 5

self defence
test for force : cause/example

Answer 5

• jury decide whether necessary to use force
• Beckford - whether D had opportunity to retreat rather than use force
• HOWEVER s76(6A) CJI 2008 - possibility D could have retreated is taken into account, rather than giving rise to a duty to retreat

Question 6

self defence
test for force: consequence/evaluation

Answer 6

potential problem because confusing to a
jury to know what importance to place on the retreat factor when there is no obligation for D
to retreat.

HOWEVER, given that the court are given factors and circumstances to take into account,
the law can’t be completely blurry and uncertain.