Self-Defence - Paper 1

Question 1

Which Act of Parliament can self-defence be found in?

Answer 1

S.76 Criminal Justice & Immigration Act 2008

Question 2

Under which three circumstances can D use self-defence?

Answer 2

1) To protect yourself
2) To protect someone else/others
3) To prevent a crime

Question 3

What does S.76(3) state?

Answer 3

The force must be necessary, D must have held a genuine belief that the force was necessary (subjective test)

Question 4

Is the defence available if D made a genuine mistake?

Answer 4

Yes, confirmed in Gladstone Williams

Question 5

What did the case of O’Grady confirm?

Answer 5

If D made a mistake because they were intoxicated, they will lose the defence

Question 6

What is a pre-emptive strike?

Answer 6

D makes the first move in order to protect themselves

Question 7

Which case held that even if there is a pre-emptive strike, D can still argue self-defence?

Answer 7

Beckford

Question 8

What does S.76(3) also state?

Answer 8

The force must be reasonable, meaning it should be proportionate to the threat

Question 9

In which case did Lord Morris state if D is under attack, it is difficult to weigh up exactly how much force they should use in return?

Answer 9

Palmer

Question 10

Regarding reasonableness, when will D get the defence?

Answer 10

If they acted honestly and instinctively

Question 11

What was held in the case of Martin?

Answer 11

If D uses excessive force, they will lose the defence

Question 12

What does S.43(2) Crime & Courts Act 2013 state?

Answer 12

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