Self-Defence Flashcards
What is Self-Defence?
A Defence to any crime in which force is a required element.
If raised by the defence, the burden of disproving self-defence is on the prosecution
Self-Defence Key Elements
What are they?
Has the D used force for a Permitted purpose?
Was the force used Necessary?
Was the force used Reasonable?
Self-Defence
Has the D used force for a Permitted purpose?
In Common law
To protect self; to protect others
In Criminal Damage Act (1971)
To Protect Property
In S3 Criminal Law Act (1976)
To prevent crime
Self-Defence
Was the force used necessary?
(R V Beckford 1988)
D was part of a police response team. He mistakenly believed V had a gun and fired at the police. D shot V
Held: D was to be judged according to his mistaken belief as to the facts. His conviction was quashed
Self-Defence
Was the force used necessary?
R V Gladstone Williams (1980)
V saw a woman being robbed, gave chase and knocked the robber to the ground. D thought V was assaulting the man on the ground, and punched V in the face
Held: Quashing D’s conviction:
i) D must be judged based on his honestly held view of the facts, even if mistaken or unreasonably mistaken;
ii) D can strike first and still claim self-defence
Self-Defence
Was the force used necessary?
R v Bird 1995
D need not show reluctance to fight in order to be able to claim self-defence
Self-Defence
Was the force used necessary?
Attorneys Generals Reference No.2 (1984)
D owed a shop in an area in which extensive rioting took place, and shops were looted. #600 (pounds) worth of damage was done to his shop and #400 (pounds) of stock looted from it
To prepare for a further attack. D boarded up his shop, stayed inside and made petrol bombs for use as a last resort
Held: D was charged with making unlawful explosive substances under the Explosive Substances Act 1833
COA Held: “Self-defence could extend to preparatory acts, even if they may be unlawful”
Self-Defence
Was the force used necessary? (Summary)
In the circumstances the D believes them to be:
Even (Whether or not) if Mistaken - R v Beckford
D need not show a reluctance to fight - R v Beckford
Even if unreasonably mistaken; D can strike first - R V Gladstone Williams
D can prepare himself, even if the preparations are illegal (AG’s Ref No.2 1984)
Self-Defence
Was the force used reasonable?
What does S76(6) Criminal Justice & Immigration Act (2008) state?
“The force must not be disproportionate in the circumstances D believes to exist”
Self-Defence
Was the force used reasonable?
What does S76(7)(a) Criminal Justice & Immigration Act (2008) state?
“The jury can take into account that a person acting for a legitimate purpose may not be able to weigh to a nicety that exact measure of necessary action”
Self-Defence
Was the force used reasonable?
What does S76(7)(b) Criminal Justice & Immigration Act (2008) state?
“Evidence of D only doing what they thought instinctively and honestly necessary is strong evidence that reasonable action was taken”
Self-Defence
Was the force used reasonable?
What does the case of R V Harvey 2009 emphasise?
The jury should take into account the circumstances and the danger that D believes to exist in assessing whether his use of force was proportionate or not
Self-Defence
Was the force used reasonable?
R V Clegg 1995
D was on patrol in Northern Ireland. The aim of the patrol was to catch joyriders, but D did not know this
A car was driving fast towards D’s patrol in the centre of the road with its headlights full on. All four members of the patrol opened fire, killing one passenger.
However, the victim was killed by a bullet fired by D when the car had gone past and was fifty feet away
Held: Degree of permissible force is the same whether the D is using it to protect himself or to prevent crime
D was guilty of murder, having used excessive force
Self-Defence
Was the force used reasonable? (Summary)
S76(6) CJIA 2008 - Not disproportionate in circumstances as D believes them to be
S76(7) - D need not weigh amount of force to a nicety
S76(7) - If D did what was honestly & instinctively necessary, strong evidence of reasonableness
R v Harvey - Jury should take circumstances and danger into account
