Self Defence

Question 1

What’s the identification for Self-defence?

Answer 1

Complete defence available to all offences and D will be found not guilty. Common law defence set out in S.76 Criminal Justice and Immigration Act

Question 2

What are the elements of self-defence?

Answer 2

1. Force used must be necessary
2. Was force used proportionate

Question 3

What’s the principle from AG’s Ref for Self-defence?

Answer 3

Threat must be relatively immediate, entitled to make preparations for future attacks

Question 4

What’s the principle from R v Gladstone Williams?

Answer 4

If jury believes mistake was genuine they should judge D according to his genuine mistaken belief regardless of whether the mistake was reasonable

Question 5

What’s the principle from R v Bird?

Answer 5

If there’s an opportunity to retreat this will be considered as a factor in deciding whether degree of force was necessary

Question 6

What’s the principle from R v Rashford?

Answer 6

D can rely on self-defence when he fears he’s in immediate danger from which theirs no escape

Question 7

What does S.76(7) CJIA say about force being Proportionate?

Answer 7

1) A person acting for legitimate purpose may not be able to weigh to a nicety the exact measure of force
2) The person ‘honestly and instinctively’ thought the level of force used was necessary to defend self or others, reasonable in circumstance

Question 8

What’s the principle from R v Clegg/Martin?

Answer 8

Basic rule is that force which is disproportionate will not be reasonable, defence fails

Question 9

What’s the exception for householder cases?

Answer 9

S.76(5)(a)CJIA- offers householders greater protection to defend themselves and their property

Question 10

What’s the principle from R v Ray?

Answer 10

Force which is grossly disproportionate won’t be reasonable