3.16)Self-Defence

Question 1

Where does the defence of “Self-Defence” come from

Answer 1

It comes from both statute and common law.

Question 2

Define “Self-Defence”

Answer 2

A defence to any crime where force is a required element.

Question 3

What is the Burden of Proof for “Self-Defence”

Answer 3

Prosecution must prove beyond a reasonable doubt that the force used by D was unreasonable

Question 4

What are the Three Elements of Self-Defence

Answer 4

1)Has D used force for a permitted purpose
2)Was the force used necessary
3)Was the force used unreasonable

Question 5

What is meant by a Permitted Purpose

Answer 5

1) Common Law: To protect Self and/or to protect others
2) Criminal Damage Act [1971]: To protect Property
3)s3 Criminal Law Act [1976]: To prevent crime

Question 6

What is meant by Necessary Force

Answer 6

Was the force warranted for what D believed at the time

Question 7

What is the Subjective Test for Necessary Force

Answer 7

1)What did D believe was happening at the time
2) It does not matter if D made a mistake
3) It does not matter if it is unreasonable
4)D is entitled to strike first and prepare to defend themselves at all costs

But danger must be imminent and not in revenge

Question 8

What is meant by Unreasonable Force

Answer 8

Was the force D used not reasonable and disproportionate

Question 9

What does the “Criminal Justice & Immigration Act [2008]” define

Answer 9

The force must not be disproportionate in the circumstances D believes to exist, and the Jury must decide this

Question 10

What are the Householder Cases for “Self-Defence”

Answer 10

1)A higher level of force is permitted when defending yourself from a burglar in your own home
2) Force has to be “Grossly Disproportionate” for no defence