self-defence

Question 1

what act clarified the operation of self-defence?

Answer 1

s76 criminal justice and immigration act 2008

Question 2

is self defence a complete or partial defence?

Answer 2

complete

Question 3

what are the 2 elements of self-defence?

Answer 3

1-it must be necessary to use some force (subjective test based on d’s genuine belief in the circumstances, pre-emptive strike is possible, no duty to retreat)
2-the degree of force used must be reasonable (objective test, jury has to ask themselves would a reasonable person regard the force as reasonable or excessive, based on the facts the D believed?)

Question 4

what further clarification did Lord Morris add to self-defence?

Answer 4

a defendant ‘in a moment of unexpected anguish’ may not have been able to ‘weigh to a nicety the exact measure of his defensive action’

Question 5

how does intoxication relate to self defence?

Answer 5

a mistake of fact while intoxicated will prevent the defence’s application

Question 6

how does self-defence relate to householders?

Answer 6

a householder must have acted honestly and instinctively and thought it necessary in the heat of the moment
276 criminal justice and immigration act 2008 - allows a householder to use disproportionate force in self-defence judged on a case-by-case basis, won’t be seen as reasonable if ‘grossly disproportionate’

Question 7

how do pre-emptive strikes relate to self-defence, including the duty to retreat and revenge?

Answer 7

-no law that says you cannot strike first in self-defence
-failure to retreat doesn’t preclude the application of the defence, but requires evidence for the test of reasonableness (it’s not a requirement for the d to walk away)
-act of revenge doesn’t rule out the defence unless the person starts the violence

Question 8

key cases on self-defence

Answer 8

-R v Williams
-R v Clegg
-R v Martin
-R v Oye
-R v Taj
-A-G Ref (no.2 of 1983)