Self Defence

Question 1

Self defence introduction/ definition

Answer 1

• D may be able to argue the defence of self defence
• Section 76 of the criminal Justice and immigration act 2008 states the defence can be used to protect yourself, someone else, or to prevent a crime.

Question 2

Self defence stage 1

Answer 2

• Section 76(3) the force must be necessary
• The defendant must have held a genuine belief that the force was necessary- subjective test.
• Apply this and any possible side rules

Question 3

Self defence stage 1 side rules

Answer 3

• Side rule1- section 76(4)- the defence is available if the D made a genuine mistake (Gladstone Williams)
• Side rule 2- Section 76(5)- If the reason the D made a mistake is because they were intoxicated, the defence will be lost.
• Side rule 3- Pre-emptive strike- The D can make the first move and still argue the defence (Beckford)

Question 4

Self defence stage 2

Answer 4

• Section 76(3) -The force must be reasonable- This means that the force used should be proportionate to the threat.
• Key law- Lord Morris in Palmer- If the D is under attack, it is difficult to weigh up how much force they should use in return.
• The D will get the defence if they acted honestly and instinctively

Question 5

Self defence stage 2 side rules

Answer 5

• Side rule 1- Excessive force- If the D uses excessive force, they will lose the defence (Martin)
• Side rule 2- Self defence at home- Crime and courts act 2013- If self defence is in the home it can be disproportionate as long as it is not grossly disproportionate (Ray)