Self-Defence Flashcards
How do you introduce the defence of self-defence?
D (name) may be able to argue the defence of self-defence.
What is the legal definition of self-defence under s.76 Criminal Justice and Immigration Act 2008?
The defence can be used to protect yourself, another person, or to prevent a crime.
What must be shown for force to be necessary?
D must genuinely believe the force was necessary – subjective test.
How do you apply the necessity of force to a scenario?
Consider D’s belief at the time and whether they genuinely thought force was needed.
Can self-defence still apply if D was mistaken?
Yes – if the mistake was genuine, even if unreasonable (Gladstone Williams).
Can D rely on self-defence if their mistake was caused by intoxication?
No – the defence is lost if the belief was caused by voluntary intoxication.
Can D strike first and still rely on self-defence?
Yes – D can make the first move (Beckford), if they believe it’s necessary.
What does reasonable force mean in self-defence?
Force must be proportionate to the threat – assessed objectively but based on D’s belief.
What did Lord Morris say in Palmer about reasonable force?
If D acted honestly and instinctively under attack, this suggests the force was reasonable.
How do you apply reasonableness of force to a scenario?
Evaluate whether the force used matched the threat as perceived by D at the time.
What happens if D uses excessive (disproportionate) force?
The defence fails – Martin.
What is the special rule for self-defence in the home?
Force may be disproportionate but not grossly disproportionate (Ray).
