Self-defence

Question 1

What important decisions have the courts made to clarify the scope of the defence?

Answer 1

• Person will still be able to plead self-defence if they strike the first blow. (R V Beckford)
• Have realised that most self-defence occurs in the spur of the moment so makes allowances for this. They also do not have to ‘be nice’ in deciding the amount of force.

Question 2

Whats the issue with psychiatric conditions?

Answer 2

• Stated in R V Martin that his psychiatric conditions could not be taken into account when deciding if the force used was reasonable.
• Some feel this is unfair as it would affect their decision making.

Question 3

Whats the issue with excessive force?

Answer 3

• Use of excessive force has caused controversy and those who overestimate the amount of force needed will be denied the offence. (R V Clegg)
• Law states that you do not have to weigh to a nicety’ the amount of force needed but then it also states that it cannot be excessive. Can cause confusion within the jury.

Question 4

Whats the issues with mistake?

Answer 4

• Law allows self-defence to be used by people who make an honest mistake about whether force is needed but not if they make a mistake when intoxicated, some feel that this is justified.