Self defence evaluation

Question 1

Issues with morality

Answer 1

Socially and morally acceptable that you should be able to defend yourself when fearing/ being attacked. Also that you don’t have to wait to be attacked first.

Question 2

Issues with morality - cases

Answer 2

• Bird
• A-G’s reference
  s76(6)a)

Question 3

Issues with morality - counter argument

Answer 3

However, this is argued in householder cases where the use of disproportionate force is allowed.

Question 4

Excessive force

Answer 4

Proportionate force can turn disproportionate, how is this fair on the defendant when they are
acting ‘in the heat’ of the moment.

Question 5

Excessive force - cases

Answer 5

• Clegg
• Martin

Question 6

Excessive force - counter argument

Answer 6

Law has to find a balance with the harm of the defendant and the harm of the victim. However, this is also left for the jury to decide.

Question 7

Householder cases are difficult to balance

Answer 7

Only applies to ‘dwellings’ not shops or businesses. Therefore, in these cases they can only use proportionate force.

Question 8

Householder cases are difficult to balance - cases

Answer 8

C76(6a) of CJIA 2008 except in ‘householder case’
force which is disproportionate will not be reasonable’ ‘Grossly disproportion’ unreasonable – higher amount of force is acceptable.
S76(5A)
R v Collins.

Question 9

Householder cases are difficult to balance - counter argument

Answer 9

Not all force will be acceptable. Following a judicial review by HC made it clear not all is acceptable.