Self Defence

Question 0

Criminal law act

Answer 0

D is allowed to use such force as is reasonable in the circumstances to prevent a crime or assist arrest

Question 1

Self defence and crime prevention defence may be of:

Answer 1

1. Oneself
2. Another person
3. Property
4. To prevent a crime

Question 2

1. Is force necessary?

Answer 2

• how imminent was the threat?
• possible to retreat?
• what d thinks is necessary (based on situation and judgement)

Question 3

Imminence of threat

Answer 3

Lord Griffith: the circumstances may justify a pre-emptive strike
- ie. a first blow - Beckford

Question 4

Attorneys general reference no.2 1983

Answer 4

If in fear of attack then d can prepare

Question 5

Malnick v DPP

Answer 5

D created a dangerous situation = no imminent threat

Question 6

R v rashford

Answer 6

If D is initial aggressor they can still rely on the defence if the other party responded with disproportionate force

Question 7

R v Bird

Answer 7

Not necessary to retreat

Question 8

R v Gladstone Williams

Answer 8

Did d believe force was honestly necessary? Judged on mistaken belief

Question 9

2. Reasonableness of force

Lord Morris “a person defending himself can’t weigh to a nicesity the exact measure of his actions” palmer

Answer 9

Force reasonableness :
A) person acting for a legitimate purpose may not be able to weigh the necessary of action and

B) evidence of persons having only done what they thought was necessary for a legit purpose constitutes strong evidence that only reasonable action was taken for the purpose - r v Martin

Question 10

R v clegg

Answer 10

Defence rejected (excessive in circumstances)

Question 11

R v Hussain

Answer 11

Force in revenge / retaliation is not reasonable

Question 12

R v O’grady - s76 CJA 08’ codifies

Answer 12

Mistake on how much force from voluntary intoxication

Question 13

R v Martin

Answer 13

Threat had gone so force was unreasonable