Self Defence

Question 1

Clegg

Answer 1

Current position is that self defence is either successful, in which case d is acquitted, or if he uses excessive force he is convicted

He was shooting at a car he saw as a threat, and then fired one more shot after it had passed, killing passenger and resulting in murder charge

Question 2

Williams (Gladstone)

Answer 2

Must be judged against mistaken facts as he saw them to be

If a belief is held, it is irrelevant as to whether it is considered reasonable or unreasonable

Question 3

Martin

Answer 3

Psychiatric evidence that the defendant would perceive a greater threat is not admissible (for self defence)

Question 4

O’Grady

Answer 4

Mistaken belief in the need for force is no defence if that mistake has come about as a result of voluntary intoxication

Question 5

Bird

Answer 5

Assailant does not have to attack first

Question 6

Dadson

Answer 6

Cannot rely on facts that he was unaware of at the time of defence