Self defence evaluation 12 mark explain- Paper 1

Question 1

Point 1 - Rule on retreat

Answer 1

-Rule on retreat is unclear
-May be good that they have to choice to stay and fight (parent)
-However choosing to fight is still against the force being necessary
-May be confusing for the jury and should be reformed

Question 2

Point 2 - Hussain and DPP v Clegg

Answer 2

-Excessive self-defence is never allowed
-Good as it prevents killing out of revenge, Hussain
-May be harsh in DPP v Clegg as police had no defence for using excessive force when they were protection society.
-Law should consider making excessive self-defence a partial defence.

Question 3

Point 3 - Lipman and O’Grady

Answer 3

-Intoxicated mistake was allowed in Lipman but not O’Grady
-Can be justified as a policy decision to make people more careful
-Creates uncertainty as D can rely on intoxicated mistakes for serious cries but not less serious ones.
-Creates uncertainty so should be reformed.

Question 4

Point 4 - protecting homes

Answer 4

-People cannot adequately protect their homes, R v Martin.
-Problematic as people should feel secure in their homes and it is unjust to expect people to let people break into their homes.
-However force is allowed they just can’t ‘grossly’ use excessive force.
-This seems fair so reform is not required.