Self Defence

Question 1

Definition

Answer 1

Self-defence is defined under s3(1) of the Criminal Law Act 1967, which states that ‘a person may use force as is reasonable in the circumstances in the prevention of crime

Question 2

Necessary

Answer 2

The action must have been necessary because of a threat of unjustified harm to themselves, someone else, or prevention of a crime (Bird)

Question 3

Mistake

Answer 3

If the D has made a mistake, the jury must decide whether force was necessary in the circumstances the D believed them to be (Gladstone)

Question 4

Reasonable

Answer 4

the jury will balance the force used against the harm or potential threat of harm to justify if the degree of force was reasonable in the circumstances

Question 5

Objective and subjective

Answer 5

The jury will be asked whether the force was reasonable (objective), in the circumstances that the D believed them to be (Subjective)

Question 6

Level of force

Answer 6

a person under attack and stress cannot be expected to calculate the exact amount of force needed, and so if there is evidence to suggest the person honestly and intrinsically thought the level of force was reasonable this will likely be satisfied

Question 7

Revenge

Answer 7

If the D acted in revenge or retaliation then the defence is invalidated (Hussain)