Self-defence

Question 1

Act

Answer 1

Criminal Justice and Immigration Act 2008 (CJIA), s.76

Question 2

Components

Answer 2

1. Did the defendant believe the use of force was necessary
2. Was the amount of force used by the Defendant objectively reasonable

Question 3

CJIA s.76(7)

Answer 3

a. That a person acting for legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action
b. Evidence of a person having only done what the person honestly and instinctively thought

Question 4

Rules (1)

Answer 4

1.defence not available if danger over
2. Threat imminent
3. Not self-induced
4. No need for reluctance to fight
5. No duty to retreat
6. Genuine mistake as to necessity of force allowed
Unless intoxicated

Question 5

Defence not available if danger is over

Answer 5

R v Hussain

Question 6

Threat must be imminent

Answer 6

AG’s Ref (2 of 1983) 1984
R v Cousins
R v Malnik

Question 7

Threat cannot be self-induced

Answer 7

R v Keane

Question 8

No need to show reluctance to fight

Answer 8

R v Bird

Question 9

No duty to retreat

Answer 9

s.76(6A) CJIA

Question 10

Genuine mistake as to necessity of force allowed

Answer 10

BeckFord v The queen
R v Gladstone Williams

Question 11

Unless intoxicated

Answer 11

R v O’Grady

Question 12

S.76(7)

Answer 12

Psychiatric illness not accounted
R v Martin
R v Oye

Question 13

Householders

Answer 13

Crime and Courts Act
S.43
Was amount of force grossly disproportionate?
Was force used reasonable?

Question 14

Outcome

Answer 14

Complete for all offences

Question 15

R v Clegg

Answer 15

No reduction from murder to manslaughter if acting in self-defence but judged to used excessive force