Self - Defence

Question 1

Definition

Answer 1

D admits to committing the AR with the necessary MR but say it was self defence

Question 2

Purpose

Answer 2

D can use force under common law to protect himself , others or property

Question 3

Force necessary

Answer 3

S76 criminal justice and immigration act 2008: D can rely on a genuine belief of circumstances even if they were mistaken in their belief the force was necessary and even if the mistake was unreasonable ( Williams)

The aggressor cannot usually rely upon self-defence

Question 4

Reasonable

Answer 4

To consider if the force was reasonable as the defence is lobster entirely when the force used is disproportionately
The jury has the task of deciding wether in all circumstances, the d used reasonable force ( bailey)

Question 5

Householders

Answer 5

The degree of force will only be considered excessive in householder cases if it is grossly disproportionate

Question 6

Evaluation

Answer 6

Complex language - reasonable force
What does necessary force mean
Moral issues
Householders are allowed to use more force