U1B: Defences: Self Defence Flashcards
What elements need to established for Self Defence?
- The necessity of force;
- The reasonableness of force
What does the necessity of force mean?
- The basic principle is that the use of force is not justified if it is not necessary
-Depends on the situation which exists or the defendant believes to exist
What is an example for necessity of force, mistaken use of force?
R V Gladstone Williams:
- Example of successful plea by Defendant- even though he was mistaken to the facts/ what happened
- SO, Necessity of force depends on the situation which exists, or the defendant believes to exist
What did the case of R V Bird show for necessity of force?
- The defendant doesn’t have to show unwillingness to fight or try to retreat before using force, can strike the first blow
What act is reasonableness of force set out in?
- s76(3) Criminal Justice and Immigration Act 2008 (CJIA)
What is said about th reasonableness of force in (3), (4) of CJIA 2008?
s76(3) CJIA:
The question of whether the degree of force used by D was reasonable in the circumstances the Defendant believed them to be-
s76(4) :
-If the defendant claims to have held a particular belief of the circumstances, the reasonableness of that belief is held by whether the defendant genuinely held it.
What is said about the reasonableness of force in (7) of CJIA 2008?
-Amount of force defined in (7)
(7a)= ‘‘It is taken into account that a person may not be able to weigh to a nicety the exact measure of any necessary action’’
(7b)= ‘‘that evidence of a person’s having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.”
What is said about the reasonableness of force in (5) of CJIA 2008?
- Defendant cannot rely on a mistaken belief if that was caused by self induced intoxication
What are case examples of too much force used?
- R V Martin
- R v Hussain (2010)
What are householder cases, related to reasonabless of force?
- Where the D’s house is broken into by a burglar, and they feel threatened
What does s76(5A) say about householder cases?
- The degree of force will not be regarded as reasonable only where it is ‘grossly disproportionate’
What is an example of a householdercase + ruling?
Collins v SoS for Justice:
-doesn’t justify householder using any degree of force of their choosing, only what was ‘reasonable in the circumstances as he believed them to be.’
What is the outcome of self defence?
-The defence is a complete defence so if successful will lead to acquittal
-The defendant raises the defence- it is then up to the prosecution to prove beyond all reasonable doubt that the defendant was not acting in self defence or that the force used was not reasonable
