Self Defense

Question 1

What are the three types of self defense

Answer 1

• Self defence under common law - [S76 CJIA 2008]
• Defence of Property - [Criminal Damage Act s5(s)(b)] “Belief that property was in immediate need of protection”
• Prevention of crime - [S3 Criminal Law Act]

Question 2

How is self defence proved?

Answer 2

• Was Force necessary?
• Was force Reasonable?

Question 3

How is Necessity of force judged?
What is threat has passed?

Answer 3

Judged on the facts as D honestly believed them to be
- If threat has passed, force not necessary - [R v Clegg]

Question 4

How are mistakes considered in Self Defence?

Answer 4

• Can be successful defence regardless of unreasonableness of belief of situation - [R v Williams (Gladstone)]
• Intoxicated Mistakes are excluded - [O’Grady]

Question 5

How are pre-emptive strikes considered in Self Defence?

Answer 5

Pre-emptive strikes are allowed - [R v Beckford]
- “A man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot; Circumstances may justify a pre-emptive strike.”

Question 6

Duty to retreat, reluctance to fight, and being an initial aggressor?

Answer 6

• No duty to retreat for D
• No duty to demonstrate reluctance to fight
  [R v Bird]
• D can claim Self Defence when Initial aggressor if force reciprocated is excessive - [Rashford]

Question 7

How is reasonableness of force judged?

Answer 7

[R v Owino / s76 CJIA 2008]
- “Whether degree of force used by D was reasonable (Objective) in the circumstances is decided by reference to the circumstance D believed them to be (Subjective).”

Question 8

How does reasonableness of force differ for householders?

Answer 8

Was use of force “Grossly Disproportionate in the circumstances? - [s76 CJIA 2008]

R v Ray (2017)

Question 9

What happened in R v Martin?

Answer 9

• Householder with paranoia lethally shot fleeing intruder.
• Use of force was disproportionate to threat posed by fleeing intruders
• Mental illness not considered