Self-defence - defence Flashcards
When can self-defence be used?
- protect themselves
- protect someone else
- protect property
- prevent a crime
- assist in the arrest of an offender.
What is the test for self-defence?
The trigger & response requirements
What is the trigger requirement?
the defendant honestly believed that the use of force was necessary
- D is to be judged on the facts as they subjectively believed them to be, whether the belief is reasonable or not.
How will voluntary intoxication affect self-defence?
If the mistaken belief is due to the voluntary intoxication of the defendant, then the defendant will not be able to rely on their mistake (s76(5) CJIA 2008)
Can D make the first blow and still rely on self-defence?
Yes - anticipatory self-defence
- can also be used by an antagonist
Is there a duty to retreat?
No
Can force be used against an innocent third party?
Yes - the defence was capable of extending to the use of force against an innocent third party to prevent a crime being committed by someone else (R v Hichens)
What is the response requirement?
The level of force used must be reasonable.
What is “reasonable” depends on householder & non-householder cases
What level of force is reasonable in non-householder cases?
- must be reasonable which is proportionate in the circumstances (s76(6) CJIA 2008)
- not expected to weigh everything exactly in the spur of the moment
- person honestly and instinctively thought it was necessary
What is a householder case?
Uses force while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both).
Is not a trespasser at the time the force is used.
Believed the victim to be in, or entering, the building or part as a trespasser.
What level of force is reasonable in a householder case?
Test:
- the jury must be asked if the force was grossly disproportionate in the circumstances as the defendant believed them to be.
- If it was not, secondly, the jury must be asked whether the level of force was reasonable.
