Self Defence Flashcards
When can force be used?
There must be a perceived imminent threat be it personal harm, damage to property or an escaping prisoner.
Otherwise this would open the door to people claiming S/D for pre-emptive attacks on the basis that they believed the other person would attack them at some point in the future.
Preparation for an attack - CASE?
AG Ref No.2 of 1983
D feared further attacks after he’d been looted. He manufactured petrol bombs to protect him and his shop. Attacks never happened. Charged with possession of explosive substances
On referral to the attorney general what did the C/A say?
His actions were justified on the grounds of self defence. If you are legally allowed to protect yourself you should be legally allowed to prepare to protect yourself
MALNIK V DPP
D went to retrieve items he believed another man had stolen. Took with him a rice flail. Arrested when he arrived he claimed self defence.
Court refused this as he himself created the imminent danger of attack by choosing to and venture
Lord Griffiths stated in Beckfird?
‘A man about to be attacked dies be have to wait for his assailant to strike the first blow’
What must a pre-emptive strike be in response to?
A perceived imminent threat however there is no obligation on D to demonstrate an unwillingness to fight (BIRD 1985) any failure of D to make use of a chance to retreat is simply evidence for the jury.
D mistaken about the imminent threat?
The test is subjective and the defendant should be judged in the facts as he honestly saw them at the time. (Whether the D thought there was such a threat) established in GLADSTONE WILLIAMS
GLADSTONE WILLIAMS
GW was returning from work. Saw M repeatedly punching a youth who was struggling and calling for help. Got off the bus. M was arresting the youth for mugging an old lady (true) said he was a police officer (false). GW asked to see M’s warrant card struggle broke out.
C/A GLADSTONE
He was entitled to be acquitted if he had been genuinely mistaken about the need the use force.
Where else was it laid down that a perceived imminent threat can be mistaken?
S.76 (5) of CRIMINAL JUSTICE AND IMMIGRATION ACT
Mistakes whilst intoxicated: case
O’Grady
If the mistake as to the need to defend oneself is made because you’re intoxicated then it cannot lead to a defence of self defence
Law commission recommendation:
Rule in O’Grady to be abolished however against its advice s.76(5) CJIA 2008 has now made this rule statutory.
Lord Griffiths stated in Beckfird?
‘A man about to be attacked dies be have to wait for his assailant to strike the first blow’
What must a pre-emptive strike be in response to?
A perceived imminent threat however there is no obligation on D to demonstrate an unwillingness to fight (BIRD 1985) any failure of D to make use of a chance to retreat is simply evidence for the jury.
D mistaken about the imminent threat?
The test is subjective and the defendant should be judged in the facts as he honestly saw them at the time. (Whether the D thought there was such a threat) established in GLADSTONE WILLIAMS
