self defence

Question 1

S.76 Criminal Justice & Immigration Act 2008

Answer 1

1 - did the accused honestly believe he had to act in the way he did, was the force necessary to D - subjective
2 - was the degree of force used reasonable - objective

Question 2

subjective test

Answer 2

• force necessary to D
• threat specific and imminent
• D doesn’t have to wait for the assailant to strike first

Question 3

Cousins

Answer 3

believed a contract was taken out on his life, so threatened to ‘blow his brains out’
TJ - S.3 failed as there was no immediate threat
COA - threat was imminent to D, threat was necessary and reasonable

Question 4

Attorney Generals Reference No2 1983

Answer 4

shop damaged by rioters so D prepared petrol bombs for protection
LP - future cases SD was available as the threat was sufficiently imminent

Question 5

Malnik

Answer 5

believed V had stolen his friends car

SD failed as the threat was not imminent

Question 6

Hussain

Answer 6

gang burgled house and ran off but D chased them fracturing ones skull
SD failed as the threat had passed not imminent

Question 7

Keane

Answer 7

D started fight and punched V
TJ - SD failed as it was self induced
COA - in future cases it could succeed if V returns violence that’s out of proportion

Question 8

Hitchens

Answer 8

D and a women shared a flat, boyfriend tried breaking in, D hit V to prevent him coming in
TJ - SD failed as V was an innocent party
COA - SD could succeed where an innocent party is a threat

Question 9

Julien

Answer 9

COA - D must demonstrate he is unwilling to fight and make a physical withdrawal

Question 10

Bird

Answer 10

party - ex boyfriend lunged and bottled him causing him to lose his eye
COA - SD succeed, you know longer needed to show retreat

Question 11

Clegg

Answer 11

joyrider failed to stop at a checkpoint - solider shot it killing a passenger
SD - failed as the danger had passed, force wasn’t reasonable

Question 12

Whyte & Palmer - objective

Answer 12

COA - D unable to way up the niceties of any situation and act of instinct, taking into account D’s state of mind

Question 13

Scarlett - subjective

Answer 13

drunk man refused to leave so D threw him down the stairs - died
not liable as he believed that the force was reasonable in the circumstance - subjective to D

Question 14

Owino

Answer 14

husband injured his wifes head and thumb as he claimed he was attacking her
TJ - failed to follow Scarlett
COA - held the test was not subjective but objective - Whyte and Palmer

Question 15

Martin

Answer 15

burgled farmer, shot the 2 burglars

SD failed as the force was excessive - psychiatric disorders never succeed

Question 16

Canns and Oye

Answer 16

COA confirmed Martin

Question 17

mistake

Answer 17

defence if he made an honest mistake
1 - did D honestly believe he had to use force in self defence
2 - was the degree of force deemed reasonable

Question 18

Gladstone Williams

Answer 18

grabbed a man who was attacking a young boy for mugging an older lady
SD succeeded as he made a mistake in the prevention of crime - reasonable force was used

Question 19

O’ Grady

Answer 19

drank 8 bottles of cider and thought his friend was attacking him so he hit him - died
SD failed as they charged him with a basic crime. guilty of manslaughter

Question 20

Hatton

Answer 20

drank 20+ pints and he attacked and killed a man as he thought he was been attacked with a 5ft sword
SD - failed
COA - picked up the obiter that intoxication is no defence. guilty of murder