Self Defence (Paper 1)

Question 1

Self Defence is defined under this Act

Answer 1

Section 76 of the Criminal Justice & Immigration Act 2008

Question 2

Meaning of self-defence

Answer 2

Protecting yourself, someone else, or preventing a crime

Question 3

Stage 1 of self-defence

Answer 3

The force must be necessary (Section 76(3)). D must have a genuine belief that the force was necessary

Question 4

Ruling from Gladstone Williams

Answer 4

Defence is available if D made a genuine mistake

Question 5

Intoxicated mistake

Answer 5

No defence if the mistake was because D was intoxicated (section 76 (5))

Question 6

Pre - emptive strike

Answer 6

D will be allowed to strike first, so doesn’t have to wait to be hit (Beckford)

Question 7

Stage 2 of self-defence

Answer 7

The force must be reasonable, proportionate

Question 8

Lord Morris in Palmer

Answer 8

If D is under attack, they cannot be expected to be able to judge exactly how much force they should use in return

Question 9

Evidence that only reasonable action has been taken

Answer 9

If D acted honestly and instinctively

Question 10

Case for excessive force

Answer 10

Martin

Question 11

Act of Parliament concerned with self defence in the home

Answer 11

Crime and Courts Act 2013

Question 12

Crime and Courts Act 2013 regarding self defence in the home

Answer 12

If self-defence is used in the home, it can be disproportionate so long as its not grossly disproportionate