Self defence

Question 1

Self-defence intro

Answer 1

A complete defence so will fully aquitt a D of their charge, even murder
Law is set out in both case and statute;

• s.3 Criminal Law Act 1967 = to prevent crime
• s.76 CJIA 2008 = to protect self/others/property

Matter for the prosecution to disprove, for the jury to decide

Question 2

Definition of self defence

Answer 2

when a D uses reasonable and necessary force in the circumstances as he genuinely believes against another person in defense of themselves or another or property (to prevent crime)

Question 3

Elements of SD

Answer 3

1. was the force Necessary (subj)
2. was the force Reasonable (obj)

Question 4

1. Was the force Necessary

Answer 4

Subjective Element - genuine belief

D will be judged to the facts as he genuinely believes them to be (whether or not he was mistaken/the mistake was reasonable to make) - Gladstone Williams

DRUNKEN MISTAKE
cannot rely on SD if mistake is made due to voluntarily intoxicated

THE EFFECT OF MENTAL CONDITIONS;
R V Oye - genuine belief resulting from psychiatric condition

PRE-EMTIVE ATTACKS;
- D doesnt have to show unwillingness to fight, but withdrawl is good eviednce to show unwillingness (there is no requirement to show unwillingness) = R V Bird

• SD can extend to prepatory acts, even if unlawful = AGs ref No.2

D IS THE AGGRESSOR
if D is the initial agressor, may only used SD if the V’s response to that agression is wholly disproportionate and seriously threatens the D = R V Rashford

Question 5

Gladstone Williams

Answer 5

got off bus, attacked a man he thought was assaulting a youth, when really the man was trying to stop the youth from mugging an old lady

Question 6

R V Oye

Question 7

R V Bird

Question 8

AGs ref no.2

Question 9

R V Rashford

Question 10

2. Was the force reasonable?

Answer 10

reasonableness is considered to the facts as the were or to what the D genuinely believed them to be, even if mistaken = referred to in R V Oye/ R V Press to balance the risk of harm to V and D

Force must be proportionate

• cannot be expected to weigh the nicety = Palmer
• initially proportionate force may develop into disproportionate
• the defense is entirely lost when the force is excessive (R V Clegg)

HOUSE HOLDER CASES
dispropoetionate force can be seen as reasonable - only when the force becomes grossly disproportionate will the D be unable to rely on the defence.
to be a householder
- force must be used by D while in/partly in a building that is a dwelling
- D must not be a tresspasser
- D must have beliveed he V to be a tresspasser
= R V Martin (shot 2 burglarers running from his house (not within the dwelling + shot in back, suggests retreating, so also excessive force)

Judges will also consider:
- time of day
- shock of intruder in house
- presence of other vulnerable people (children)
- if any weapon was used
- the conduct of the intruder

Question 11

R V Oye/ R V press

Answer 11

reasonableness of the force will be judged to the facts as the D genuinely believed them to be

Question 12

R V Palmer

Answer 12

D cannot be expected to weigh the nicety

Question 13

R V Clegg

Answer 13

force that it initially proportionate can turn disproportionate

Soldier at cjheckpoint with job to stop joyriders = car came at full speed towards clegg with headlights on - he shot 3 times, by the fatal shot was fired AFTER the car had passed = became excessive