self defence

Question 1

definition and act

Answer 1

D admits commiting the AR with the necessary MR, but says it was self-defence.
- The Criminal Justice and Immigration Act 2008

Question 2

4 part test

Answer 2

purpose
necessary
reasonable
exceptions

Question 3

Purpose of self defense

Answer 3

can use force to protect himself, property or prevent a crime s3(1) criminal law act 1967

Question 4

was the force necessary?

Answer 4

i. s76 Criminal Justice & Immigration Act 2008: D can rely on a genuine belief of circumstances even if they were mistaken in their belief/ even if mistake was unreasonable (Williams).
ii. D does not need to show a reluctance to fight (Bird).
iii. D can use self-defence where he apprehends an attack.
iv. D can strike first (Beckford).
v. D can prepare to defend himself, even if it breaks the law (AG’s Ref 2 1984).

Question 5

was the force reasonable?

Answer 5

i. S76 CJ&I Act 2008 considers if the force used was reasonable as the
defence is lost entirely when the force used is disproportionate
(Tony Martin).
ii. The jury decides whether in all circumstances, the D used reasonable force (Clegg).
iii. Jury looks at: the facts of the case, facts as D believed them,
circumstances of the attack, the time available to D to decide his course of action & the risk to D balanced against the risk of harm to V.

Question 6

Householders

Answer 6

can use more force ‘grossly disproportionate’ when someone enters their property

Question 7

other rules

Answer 7

intoxicated mistake- no defence (Kingston)
drunken mistake- never a defence (O’Grady)