Self Defence

Question 1

Is self defence a full defence or partial defence?

Answer 1

Full defence

Question 2

What are the four points to consider for self defence?

Answer 2

• Necessity for action
• S.76 Criminal Justice and Immigration Act 2008
• Householders - Crime and Courts Act 2013
• Complete defence

Question 3

What are the four points to consider for necessity for action?

Answer 3

• Possibility of retreat
• Imminent threat
• Mistake
• Force of third party

Question 4

What is meant by possibility of retreat?

Answer 4

Good evidence for the accused to show they retreated as far as safely possible

Question 5

What case relates to possibility of retreat?

Answer 5

R v McInnes

Question 6

What is the case of R v McInnes?

Answer 6

Retreat simply one factor to take into account when deciding not necessary to use force

Question 7

What is meant by an Imminent threat?

Answer 7

Only justified if reacting to threat that’s imminent, don’t have to wait to be hit

Question 8

What three cases relate to imminent threat?

Answer 8

AG Ref 1984
Malnik v DPP
R v Keane and McGrath

Question 9

AG Ref 1984?

Answer 9

Making petrol bombs - self defence allowed as defending against rioters and looters

Question 10

Malnik v DPP?

Answer 10

Went to recover stolen cars armed with weapon - rejected as created dangerous situation

Imminent threat > nessecity for action

Question 11

R v Keane and McGrath?

Answer 11

Can have self defence if start fight only if violence so out of proportion to what they did that roles where reversed

Question 12

What is meant by mistake in self-defence?

Answer 12

Defendant can make mistake that makes them think defensive action is necessary

Question 13

What three cases relates
to mistake?

Answer 13

R v Williams (Gladstone)
R v Yaman
R v O’Connor

Question 14

R v Williams (Gladstone)?

Answer 14

Mistake viewed from defendants perspective

Question 15

R v Yaman?

Answer 15

Did not use a reasonable amount of force as victim wasn’t aggressive (gas man disconnecting gas)

Question 16

What does it mean if mistake in self-defence is induced by intoxication?

Answer 16

Mistake is then ignored in the defence

Question 17

R v O’Conner?

Answer 17

Mistake induced by intoxication

Question 18

What is meant by force of third party?

Answer 18

Can plea self-defence on behalf of another

Question 19

What case relates to force of a third party?

Answer 19

R v Hichens

Question 20

R v Hichens?

Answer 20

Preventing person opening door to their girlfriend - potentially legitimate but not in this case

Question 21

What section act and year is the second point of self-defence?

Answer 21

S.76 Criminal Justice and Immigration Act 2008

Question 22

What two points relate to the second point of self-defence?

Answer 22

Reasonable force
Mistake to degree of force

Question 23

What is meant by reasonable force?

Answer 23

Defence only successful if force is reasonable

Question 24

What two cases relate to reasonable force?

Answer 24

Cross v Kirkby
R v Hussain and Hussain

Question 25

Cross v Kirkby?

Answer 25

25% more force - hit man on property with baseball bat

Question 26

R v Hussain and Hussain?

Answer 26

Family tied up at knife point - chased fleeing burglar, hit them over head with cricket bat - brain damage - excessive force

Question 27

What case relates to mistake degree of force?

Answer 27

R v Martin

Question 28

R v Martin?

Answer 28

Shot 2 burglars - could take into account psychiatric condition - however still, not reasonable force - diminished responsibility was accepted

Question 29

What is the third main point of self-defence?

Answer 29

House Holders

Question 30

What act and year relates to the third point of self-defence?

Answer 30

The Crime and Courts Act 2013

Question 31

What does The Crime and Courts Act 2013 state?

Answer 31

Force disproportionate if grossly disproportionate Court more lenient in householder cases

Question 32

What two cases relates to the third point of self-defence?

Answer 32

R v Magson R v (Collins) v Secretary of State for justice

Question 33

R v Magson?

Answer 33

Victim not trespasser - lived together for months - stabbed v to death

Question 34

R v (Collins) v Secretary of State for justice?

Answer 34

Homeowner not prosecuted for putting intruder in headlock

Question 35

What is the fourth point of self-defence?

Answer 35

Complete defence

Question 36

What case relates to full defence?

Answer 36

R v Clegg

Question 37

R v Clegg?

Answer 37

Soldier in Ireland shot/killed car passenger lethal force was excessive and unreasonable