Self defence Flashcards
What act does self defence come under?
s76 Criminal Justice and Immigration Act 2008
What is the definition of self defence?
Self defence can be used to protect yourself, protect another, or to prevent a crim
What are the 2 stages of self defence?
The force must be necessary
The force must be reasonable
What is stage 1 of self defence?
The force must be necessary
S76(3) - The D must genuinely believe the force was necessary in the circumstances (subject test)
S76(3) for stage 1
The D must genuinely believe the force was necessary in the circumstances (subject test)
What type of test is s76(3) for stage 1?
Subjective test
The D must genuinely believe the force was necessary in the circumstances (subject test)
S76(3) for stage 1
What are the side rules to stage 1?
S76(4) - The defence is available if the D made a genuine mistake
s76(5) - If D made a mistake because they were intoxicated, the defence will fail (O’Grady)
Beckford - If D uses force first because they believe they are going to be hit first, it is necessary force
S76(4)
The defence is available if the D made a genuine mistake
The defence is available if the D made a genuine mistake
S76(4) (Williams)
s76(5) (O’Grady)
If D made a mistake because they were intoxicated, the defence will fail
If D made a mistake because they were intoxicated, the defence will fail
s76(5) (O’Grady)
Beckford
If D uses force first because they believe they are going to be hit first, it is necessary force
If D uses force first because they believe they are going to be hit first, it is necessary force
Beckford
What is stage 2 of self defence?
The force must be reasonable in the circumstances - S76(3)
Lord Morris in Palmer - If D acted honestly and thought the force was necessary, then this is evidence that only reasonable force was used (subjective element)
Jury must ask if within the circumstances, would a reasonable person deem the force reasonable or unreasonable? (Objective element)
S76(3) in stage 2
The force must be reasonable in the circumstances
The force must be reasonable in the circumstances
S76(3) in stage 2
What is the objective element in stage 2?
Jury must ask if within the circumstances, would a reasonable person deem the force reasonable or unreasonable?
Jury must ask if within the circumstances, would a reasonable person deem the force reasonable or unreasonable?
the objective element in stage 2
What is the subjective element in stage 2?
Lord Morris in Palmer - If D acted honestly and thought the force was necessary, then this is evidence that only reasonable force was used
Lord Morris in Palmer
If D acted honestly and thought the force was necessary, then this is evidence that only reasonable force was used
If D acted honestly and thought the force was necessary, then this is evidence that only reasonable force was used
Lord Morris in Palmer
What are the side rules in stage 2?
S76(6) - If D uses disproportionate force, they will lose the defence (Martin)
Crime and Courts Act 2013 - You can use disproportionate force to protect your home, but it cannot be grossly disproportionate (Ray)
S76(6) (Martin)
If D uses disproportionate force, they will lose the defence
