Self Defense Flashcards
Introduction - Private?
S76 Criminal Justice and Immigration Act 2008 - Private: The right to use personal force to defend yourself, another, your property or the property of another (common law).
Introduction - Public?
Criminal Law Act 1967 S3 - Public: “A person may use such force as is reasonable in the circumstances in the prevention of the crime”.
Force - Necessary?
Williams - Was it necessary to use any force on the Victim on the facts as D believed them to be.
Defendant should be judged on their genuine view of the facts, even if they have made a mistake and this mistake was unreasonable.
Drunken mistaken use of force?
O’Grady - an intoxicated mistake as to the amount of force needed in self defense was not a defense.
Reasonableness of the force?
Palmer - No definition of reasonable force, it is a matter for the jury to decide. Jury must take into account the threat of harm, the urgency if the situation, and other options available to the Defendant.
Amount of force you can use?
Defined by S76 Criminal Justice and Immigration Act 2008 - A person may not be able to weigh the exact measure of force in the circumstances. It is an honest use of force, during not after the danger/crime. It is instinctive.
Excessive Force?
Clegg - If the jury believes the use of force is excessive then the defense fails and the defendant is found guilty.
Pre-emptive strikes?
Deana - There is no rule that a person must be struck first before trying to defend themselves, if you have “honest and genuine belief” that you are about to be attacked or in grave danger, you can strike first.
Duty to retreat?
Bird - There is no duty to retreat in self defense, but it is desirable to do so.
Preparing for an attack?
DPP v Stratford - The defendant can use force to prevent a crime but the crime has to be immediate.
Defense of property?
S43 Crime and Courts Act 2013 - A householder can use as much force as they deem necessary as long as it is not considered “grossly disproportionate” - Martin.
What is the final stage of a self defense claim?
Choose whether it is private or public self defence.
