Self Defence

Question 1

What is self-defence definition

Answer 1

A person may use reasonable force in circumstances as they honestly believe to be in order to defend themselves another person property or to prevent crime

Question 2

What are the 4 types of self-defence?

Answer 2

1. Defending oneself (common law)
2. Defending another person (common law)
3. To protect property (statutory defence under criminal damage act 1971)
4. Preventing a crime (statutory defence criminal law act 1967)

Question 3

What two legal principles must be satisfied for self-defence to apply?

Answer 3

1). Whether the force used by the D was necessary?

2)If so, was the amount / degree of force used reasonable?

Question 4

1). Whether the force used by the D was necessary? Main 6 points and cases

Answer 4

✅ D doesn’t have to run away( r v bird)

✅ D can strike first(r v beckford )

✅ D can prepare in advance if threat is real( AG’s Ref (No.2 of 1983))

✅ Honest mistake can still justify necessity unless drunk( R v Gladstone Williams)

❌ No valid mistaken belief if intoxicated (R v O’Connor)

❌ No defence if the danger is already over(R v Hussain)

Question 5

What does R v Hussain (2010) say about the necessity of force in self-defence?

Answer 5

The force used in self-defence is not justified if the danger has passed.

Question 6

What does R v Bird (1985) say about retreat in self-defence?

Answer 6

There is no absolute duty to retreat, but showing a willingness to withdraw can support the reasonableness of the defence.

Question 7

What does AG Ref No. 2 of 1983 say about preparing for self-defence?

Answer 7

A person can prepare to protect themselves or their property if the danger is imminent.

Question 8

What does Gladstone’s case (1999) say about mistaken belief in self-defence?

Answer 8

Self-defence can still apply even if the defendant had a mistaken belief, as long as it was genuine and honest.

Question 9

How is self-defence applied if the defendant is intoxicated?case and which act confirmed

Answer 9

In O’Connor, it was ruled that the defendant will be judged by what a sober person would do, as confirmed by S.76(5) CJIA. Drunken mistaken belief is not valid

Question 10

What factors are considered when determining if the force used in self-defence is reasonable?which act do they come from

Answer 10

S.76 CJIA 2008:
(A)force should be disproportionate -Whether the defendant could reasonably assess the necessary force s.76(6)

(B) be honestly an instinctively done -Whether the defendant acted honestly and reasonably in the situation s.76(7)

Question 11

What is seen as reasonable force when it comes to householders under s76(5)

Answer 11

Householders can use a higher level of force if they face a threat inside their home.
Only if a householder uses grossly
disproportionate force (HUGELY EXCESSIVE!) would they then be liable.

Question 12

What must the jury decide about the degree of force used when it comes to how reasonable in self-defence?case

Answer 12

The jury must decide whether the force used was reasonable in the circumstances context matters
as seen in r v Harvey

Question 13

What happens if the self-defence plea is successful?

Answer 13

If the self-defence plea is successful, it is a complete defence, and the defendant will be acquitted.