self-defence Flashcards
self defence
common law
prevention of crime under s3(1) criminal law act 1967
a person may use such force as is reasonable in the circumstances
2 things examined
was the force necessary
was the force reasonable in the circumstance
was the force necessary
case
hussain and another 2010
D’s house broken into by armed men
D and family threatened but they managed to escape
chased attackers and beat up one of them
couldn’t argue self - defence as danger from the original attack was over
was the force reasonable
cases
R v Scarlett 1994
D rejected drunk customer from his pub
customer fell, hot his head and died
D convicted of manslaughter
appealed and conviction squashed
Tony Martin 1999
shot 16 year old burglar
not self defence as the boy was already running away
self defence
householder cases
crime and courts act 2013
gives a wider defence if intruder have entered your property
- normal rule is that the degree of force is not reasonable if it is disproportionate
- under the householder rule, the degree of force is not reasonable if it is grossly disproportionate
to qualify to be a householder case, the force has to be:
used whilst in the building or part of a dwelling
d must be a trespasser
v must have believed d to be a trespasser
covers instances where a burglar enters a building etc.
Richard Osborne Brookes
79 yr old man stabbed and killed 19 yr old who broke into house
warned 19 yr old that he had a knife
“my knife is bigger than yours and if you don’t leave my house you’ll be sorry”
lawful killing
self defence
genuine mistake
where the d has made a genuine mistake, the jury have to decide whether force was necessary in the circumstances that the D honestly believed existed
jury believe that the d honestly believed that they were being threatened and reacted using reasonable force then the defence can be used
s76 CJA and immigration act 2008
Williams 1987
D on a bus, thought he saw a man assaulting a youth
actually undercover policeman arresting youth
d confronted the officer who couldn’t show his ID
struggle and officer was injured
self defence
American stand your ground law
case
zimmerman 2012
head of neighbourhood watch
reported someone suspicious
shot and killed suspicious person
- unarmed black teenager
teenager heard shouting help
alleged that he threated him
self defence
degree of force
s76 CJA and immigration act 2008
if the person honestly and instinctively thought that the level of force was necessary, then this is strong evidence that the force was reasonable
this takes into account that people overreact slightly in times of pressure
however if the force is used after the danger has gone then the defence isn’t available
force has to be reasonable proportionate
