Self Defence Evaluation

Question 1

Key Points for Introduction

Answer 1

• Defined through Common law [CJIA 2008]
• Three types of defence
• Complete defence, full acquittal
  -Summarise how law is tested
• Summarise controversies - Burden on Juries

Question 2

Burden on Jury 1 - Was force necessary?

Answer 2

Judged on the facts as D honestly believed them to be.
Areas of uncertainty:
- Mistakes - R v Williams
- Pre-emptive strikes - R v Beckford
- Initial aggression - R v Rashford

Question 3

Burden on Jury 2- Was force Reasonable?

Answer 3

• “Reasonable (Objective) in the circumstances D believed them to be (Subjective).” - [Owino / s76 CJIA 2008]
• Jury must use common sense to consider excessiveness.

R v Palmer - Spur of the moment, Force should be broadly proportionate to perceived threat

Question 4

Confusing for jury - Householders

Answer 4

• Meant to be defined in s76 CJIA 2008
• Crime & Courts Act confused it saying as long as force isn’t “Grossly disproportionate”
• R v Martin - excessive force

Question 5

Suggestions for reform

Answer 5

• Should judge use normal language for jury to understand?
• Should juries be given circumstances where force is reasonable?
• allow alternative conviction of manslaughter to combat all or nothing
• Rejected for Clegg but supported by Law Commission