The Defence of Self Defence

Question 1

Has D used force for a permitted purpose?

Answer 1

A permitted purpose would count as:
To protect the D, or someone else.
To protect property
To prevent a crime being committed.

Question 2

Was the use of force necessary?

Answer 2

This is a SUBJECTIVE test: what did the D believe at the time?
● Consider what the D believed was happening at the time
● It does not matter if D made a mistake about what was happening
● It does not matter if D’s mistake was unreasonable
● D is entitled to strike first to defend themselves
● D is entitled to prepare to defend themselves, even by using illegal methods (AG Ref No.2)
BUT:
● The danger must be ‘imminent’, if it is not, force will = unnecessary, and the defence fails.

Question 3

Did the D use reasonable force?

Answer 3

This is an OBJECTIVE test. The jury must decide:
Was the force used disproportionate?
If YES = the defence fails
If NO = full defence
Some evidence that might point towards force being disporportionate would be if the V was running away, or was unarmed.

Question 4

Householder cases

Answer 4

Where D uses force after being attacked in his own home, the objective test changes.
Rather than disproportionate, the jury needs to consider if the force was GROSSLY disproportionate.
If YES = the defence fails.
If NO = the defence succeeds.