Self defence evaluation

Question 1

Neccesity to act A01

Answer 1

Present and not passed.
D is judged on facts as he believed them too be.
Force can only usually be used when threat is imminent.

Question 2

Neccesity to act A03 Fair

Answer 2

Fair to D as objective test is harsh.
Protects V stops people taking revenge.

Question 3

Neccesity to act A03 Unfair

Answer 3

CJIA does not define so problems as to when it can be used.
Potential for misuse as circumstances don’t have to be reasonable.
Victim may not have done anything.

Question 4

D is judged on facts as he believed them too be case

Answer 4

Williams

Question 5

Reforms for Neccesity to act

Answer 5

Belief must be reasonable
Statute definition of ‘imminent’

Question 6

Common law decisions on Neccesity A01

Answer 6

If D is mistaken because he is voluntarily intoxicated can’t use.
D can still use defence even if he has opportunity to retreat and reacted first.

Question 7

D is mistaken voluntairly intoxicated case

Answer 7

O grady

Question 8

Opportunity to retreat and react first case

Answer 8

Bird

Question 9

Common law decisions on Neccesity A03 Fair

Answer 9

Bird is fair shouldnt have to wait to be attacked.
Intoxication rule fair as being drunk is reckless.

Question 10

Common law decisions on Neccesity A03 Unfair

Answer 10

How imminent is unclear
Bird too wide encourage offensive rather than defensive action
Burns contradicts Bird

Question 11

Why does burns contradict bird?

Answer 11

As he was unable to use the defence due to alternative to force.

Question 12

Reasonable force A01

Answer 12

Force used must be reasonable
D may not at the time be able to ‘weigh to a nicety’
Psychiatric condition not taken into account (Martin)
Householder can’t use grossly disproportionate force.

Question 13

Who said householder can’t use grossly disproportionate force?

Answer 13

S43 Crime and Courts Act

Question 14

Who said D may not be able to ‘weigh to a nicety’?

Answer 14

CJIA

Question 15

Reasonable force A03 Fair

Answer 15

Ensure right defence used.
Allows flexibility and reality.
Prevents people going too far.

Question 16

Ensure right defence used case

Answer 16

Oye

Question 17

Allows flexibility and reality case

Answer 17

Palmer

Question 18

Reasonable force A03 unfair

Answer 18

Difficult for juries to decide issue as little statutory or case law advice
Depends upon gender
Martin only exceptional circumstances however not a lot of cases.

Question 19

What did the 2003 amendment seem to suggest?

Answer 19

use more force to protect property than people.

Question 20

All or nothing nature of the defence A01

Answer 20

There is no fall back position to lesser offence.
Defence will not be available if force used after danger had passed.
If defence fails judge can take into account circumstances when sentencing.

Question 21

Defence will not be available if force used after danger had passed case

Answer 21

Clegg

Question 22

If defence fails judge can take into account circumstances when sentencing.

Answer 22

Martin

Question 23

Reforms 1

Answer 23

Law continues to offer no defence if act through fear.

Question 24

Reform 2

Answer 24

More clarification needed regarding proportionate force

Question 25

Reform 3

Answer 25

More clarification needed regarding ‘grossly disproportionate force’

Question 26

Reform 4

Answer 26

Allow a fall back lesser offence so no longer All or nothing