self defence Flashcards
can be used in the following ways
- defending oneself
- defending another person
- defending property
type of defence
general and complete
2 questions to consider
- was it necessary to use force
- was the force used proportional to the perceived threat
necessary
subjective- did d honestly believe it was necessary to use force
Beckford
- d must think the threat is imminent
- circumstances may justify a pre-emptive strike
Gladstone Williams
if D made a genuine mistake about needing to use force D may still have a defence
intoxicated mistakes
unlikely to work as a defence
O’Grady
drunken mistake
R V Bird
no duty to retreat however failure to retreat can be a factor the jury considers
proportionate
s76(3) criminal justice and Immigration Act 2008
s76(7)(a)
d is not expected to respond completely proportionally can be given some leeway
s76(7)(a)
if d has only done what he honestly and instinctively thought was necessary this wise evidence he took reasonable action
Hussain
using force in revenge/ retaliation is not allowed. using excessive force is not allowed
s76(5a)
when defending ones home as long as the degree of force being used is not “grossly disproportionate” in the circumstances the defence may apply
R V Martin
excessive force- shot burglars in the backs as they were running away
