Self Defence

Question 1

What statuary section covers self defence and defence of another?

Answer 1

s76 Criminal Justice and Immigration Act 2008

Question 2

What statuary section covers prevention of a crime?

Answer 2

s3(1) Criminal Law Act 1967

Question 3

What are the two questions to be asked?

Answer 3

1. Was the force necessary?
2. Was the force used reasonable?

Question 4

Mistaken use of force
Williams

Answer 4

Judge D according to thier honest belief of the sitiuation

Question 5

s76(3)
s76(4)
(a)
(b)
s76(5)

Answer 5

• the question whether the degree of force used by the D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be

Question 6

s76(4)
(a)
(b)

Answer 6

• if D claims to have held a particular belief as regards the existences of any circumstance-
  a) the reasonableness or otherwise of that belief is relevant to the question whether D genuinely held it; but
  b) if it is determined that D did genuinely hold it, D is entitled to rely on it for the purpose of subsection (3) whether not-
  i. it was mistaken, or
  ii. (if it was mistaken) the mistake was a reasonable one to have made

Question 7

s76(5)
Case

Answer 7

-a defendant cannot rely on any mistaken belief if that mistake is made due to the D being voluntary intoxicated.
- O’ Grady

Question 8

Pre-emptive strike
Bird
Rashford

Answer 8

• D does not have to wait to be attacked to use force
• no need to show willingness to retreat
• self defence not available if the D is the aggressor unless the victim’s response is wholly disproportionate and seriously threatens the D
• Defence not available of the D’s aim all along was to use self- defence as an excuse

Question 9

s76(7)
(a)
(b)

Answer 9

• outlined guidance when deciding whether the froce used is reasonable in the circumstances
  a) a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action; and
  b) evidence of a person’s having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose

Question 10

Clegg
Palmer

Answer 10

-not available if danger is over
-D can’t weigh up nicety of force, is it excessive force?

Question 11

CJoIA

Answer 11

degree of force has to be measure against the circumstances as the D believes them to be