LAW P1 CRIM (SELF DEFENCE) Flashcards
(16 cards)
What is self defence?
Self defence is a complete defence where the defendants use of force is justified in the circumstances.
Where is self defence contained?
The defence is contained mainly under common law, and has been statutorily modified in some respects through the Criminal Justice and immigration act 2008.
What does the common law define self defence as?
A person may use reasonable force either to defend themselves or another from an attack, or to protect property.
What are the situations where valid self defence may arise?
The defence covers actions needed to defend oneself from attack, actions taken to defend another person, defend his property, and actions taken to prevent a crime or arrest an offender / suspected offender.
What are the requirements for self defence?
- The force used must be necessary
- The force used must be reasonable
What is the first requirement for self defence?
The force used must be necessary – this is a subjective test based on D’s genuine belief in those precise circumstances.
D can be mistaken but can still plead the defence.
Pre emptive strike is possible and allowable. D can prepare for an attack and there is no duty to retreat
What is the second requirement for self defence?
The force used must be reasonable – this is an objective test.
A jury must ask themselves, based on the facts the defendant believed them to be ‘would a reasonable person regard the force as reasonable or excessive?’
What are pre emptive strikes?
Pre emptive strikes – there is no law to say that a person cannot, in the right circumstances, hit another person first in an act of self defence rather than wait to be attacked
What does the prevention of a crime act say?
Prevention of a crime S3 criminal law act 1967 – a person may use such force as is reasonable in the circumstances in the prevention of crime
What did lord morris state in palmer?
Lord Morris provided further clarification in palmer as to what was reasonable force: ‘a defendant in a moment of unexpected anguish may not have been able to weight to a nicety the exact measure of his defensive action’
What does S76 of the criminal justice and immigration act 2008 state?
S76 of the criminal justice and immigration act 2008 – allows a householder to use disproportionate force in self-defence.
This is judges on a case-by-case basis.
The degree of force will not be seen as reasonable in each circumstance if the householders’ actions were seen as grossly disproportionate
What are the cases for the force used must be necessary requirement of self defence?
R v Beckford, self-defence can be available even where fatal force is used by mistake
R v Williams, a person can use self-defence even if their belief in the threat was mistaken, as long as the belief was honest
What are the cases for the force used must be necessary (pre emptive strikes) requirement of self defence?
R v Bird, the court held that self-defence could be used even if the defendant struck the first blow without being physically attacked
What are the cases for the force used must be reasonable requirement of self defence?
R v Palmer, the court held that reasonable force in self-defence must be judged objectively
R v Martin, the use of lethal force was disproportionate to the threat posed by the fleeing intruders
What are the cases for the force used must be reasonable (prevention of a crime) requirement of self defence?
A-G Red no.2 of 1983, a person can use force in self-defence to prevent a crime even if the force used is disproportionate to the actual danger
What are the cases for the force used when being provoked requirement of self defence?
R v Deana, a person can act in self-defence after provocation, but the use of force must still be reasonable
