Public and private defence (self-defence)

Question 1

Requirements

Answer 1

R v Beckford: D defends themselves against unlawful attack
R v Rose: D defends another (e.g. mother) against unlawful attack
Attorney-General’s Reference (No.2 of 1985): D defends their property against unlawful attack
Criminal Law Act 1967, s3: D acts to prevent commission of an offence
R v Riddell: can apply to any crime, but must be a crime of violence (the offence has to be committed through force)

Question 2

The victim poses a threat

Answer 2

Need not be a threat of death or serious harm
R v Beckford: D’s view of the circumstances must render it justifiable for them to use force

Question 3

The threat must be unjustified

Answer 3

R v Jones: a crime committed in an attempt to stop the Iraq war could not be justified on the basis of private defence because the act of going to war in Iraq was not an offence under English law (international law is insufficient)

Question 4

Use of force must be reasonable

Answer 4

R v Martin: objective test- not whether D believed the force to be disproportionate