Self-Defence

Question 1

Source

Answer 1

• Full defence
• Justification
• S.76 Criminal Justice and Immigration Act 2008
• Amend in S.43 Crime + Courts Act 2013
• Prev in S.3 Criminal Law Act 1967
• Property defence previously in Criminal Damage Act 1971

Question 2

Elements

Answer 2

1 - Believed some force necessary
2 - Force proportionate to threat

Question 3

Element 1

Answer 3

Believed some force was necessary
- S.76(4) = jury to decide
- Honest sober mistake (Williams)
- S.76(5) = no defence for intox mistake (Hatton, O’Grady)
- Allowed 1st blow/pre-emptive (Beckford)
- Not need to retreat/show unwillingness (Bird) - consider escape oppt (S.76(6A))
- Allowed to make preparations (AG’s Ref)
- No defence for revenge (Rashford, Hussain)
- Threats (Cousins, Keane)

Question 4

Element 2

Answer 4

Force proportionate to threat
- S.76(1) = reasonable force
- Non-householder (S.76(6)) = not disproportionate
- Householder (S.76(5A)) = not grossly disproportionate
- S.76(7) = not expected to weigh to a nicety exact measure of force required
- No defence if danger has passed (Martin, Clegg)
- Fails if unreasonable (Martin, Clegg)