Self-defence

Question 1

Definition

Answer 1

S.76 criminal justice and immigration act 2008- defence can be used to protect yourself, someone else, or prevent a crime

Question 2

Stage one

Answer 2

The force must be necessary. This is subjective to d. The defence is still available if d made a genuine mistake (Gladstone v Williams). D can make a preemptive strike (beckford). Intoxication will not be allowed

Question 3

Stage two

Answer 3

The force used must be reasonable meaning proportionate to the threat. Under attack it is difficult to weigh up what force to use (Lord morris in palmer). D just have acted honestly and instinctively

Question 4

Excessive force

Answer 4

If d uses excessive force they will loose the defence (Martin)

Question 5

Self defence in the home

Answer 5

Self defence in the home can be disproportionate as long as it is but grossly disproportionate