Self defence evaluation Flashcards
When is self defence used as a defence
where the defendant used reasonable force to :
- defend themselves
- prevention of a crime
- to protect someone who they feel responsibility for
What does section 3(1) of the criminal law act 1967 state
’ a person may use such force as is reasonable in the circumstances in the prevention of crime’
What does section 76 of the criminal justice and immigration act state
- that a person acting for a legitimate purpose may not be able to weigh the exact force needed and therefore
- there must be evidence to show that the person honestly and instinctively believed that the degree of force they used was necessary
Evaluation point - honestly and instinctively believed force was necessary
This is a good part of the law as it recognises that in a state of panic and fear a persons ability to rationalise is impaired and therefore allows the law to accurately serve the public
R v Hussain
Demonstrates that when the force is used after all danger from the assailant is over and the victim acts in revenge or retaliation then the defence is not available
Evaluation point - r v Hussain
Prevention from allowing people to use the defence where they are acting in retaliation prevents people from committing crimes when there is no fear present and still being able to use the defence.
What is the degree of force allowed for householders where intruders enter their property
The degree of force is allowed to be grossly disproportionate to the threat at hand - CJIA section 76 (5A)
What are the requirements for a case to be considered a householder case
- The force must be applied when the defendant is in or partly in the builiding that is in dwelling
- D must not be a trespasser
- D must have believed that the victim was a trespasser
Evaluation point - householder cases
Is it fair to allow the degree of force to be grossly disproportionate to the threat of harm. Can allow defendants to get away with leaving victims with irreversible brain damage (COLLINVS V SECRETARY OF STATE FOR JUSTICE)
Mistaken use of force in self defence
The defendant should be judged according to thier genuine mistaken view of facts regardless of whether the mistake was reasonable.
R v Glastone williams - D thought police officer was mugging a youth but was actually arresting the youth
Drunken mistake
Cannot rely on a mistaken belief is the belief is mistaken due to the defendant being voluntarily intoxicated
Evaluation point - pre-emptive strike
The law makes it clear that the defendant does not have to wait for the victim to hit them but instead can act in prevention of this force.
SENSIBLE
- Attorney general reference (number 2 of 1983-84)
evaluation point - relevance of D’s characteristics
The court doesn’t consider psychiatric evidence in cases involving self defence. Objective element in regards to the degree of reasonable force
