1B- General Defence- Self Defence

Question 1

True or False

Self-defense and the prevention of crime is an all-or-nothing defense

Answer 1

True

If successful, the D is acquitted

Question 2

Self-defence and defense of another are found in…

Answer 2

Common Law

Question 3

What three situations justify the use of force?

Answer 3

1. Self Defense
2. Defence of Property
3. Prevention of Crime

Question 4

Key elements of the defense

Answer 4

• use of force must be necessary

- the force used must be reasonable

Question 5

A. The use of force must be necessary

Answer 5

..To be justified, D is judged in the circumstances as they honestly believed them to be, and the jury will consider the surrounding circumstances

Question 6

A. What is ‘Pre- Emptive Strikes’?

Answer 6

BECKFORD - The D need not wait to be attacked before defending themselves

Question 7

A. What does it mean to prepare for an attack?

Answer 7

AG Ref (No2 of 1983) 
If D believes in a risk to himself or property, he may be able to make preparations to defend himself

Question 8

A. What does mean to have a Duty to Retreat?

Answer 8

HUSSAIN and another -

If the attacker run away, the force will be unlikely to be considered to be necessary

Question 9

A. What does it mean to have no duty to retreat?

Answer 9

Courts have decided that there is no duty on the D to retreat when faced with an attack and it is not necessary to demonstrate a reluctance to fight

Bird

Question 10

A. What happens in a mistaken use of force in self-defense?

Answer 10

Williams

D will be judged on facts as genuinely believed them to be, this allows for genuine but not drunken mistake

This is still the case if the mistake made was unreasonable

Question 11

A. What happens with a Drunken mistake?

Answer 11

S76 of the Criminal Justice and Immigration Act 2008 state D cannot use mistaken beliefs if due to voluntary intoxication

Question 12

What if D started aggression?

Answer 12

The Rashford principle states a D does not lose the right to claim self-defense because they instigated

Question 13

B. Force be reasonable

Answer 13

Criminal Justice and Immigration Act 2008
- a person acting for a legitimate purpose may not be able to weight exact measure of necessary action and that evidence of a person having only done what was honestly and instinctively thought was necessary

Question 14

B. What happens in householder cases?

Answer 14

s43 Crime and Courts Act 2013 amended s76 Criminal Justice and Immigration Act 2009 to give wider defenses

Question 15

EVALUATIONS