Self-Defence Evaluation

Question 1

What is the first AO3 point for a self-defence essay?

Answer 1

All or Nothing Defence - (Describe components needed for SD) R vs Clegg stated that SD is a complete defence. Is this fair? It has been argued that it is when genuinely trying to protect but should it be a partial defence to crimes of specific intent as it is argued that a complete defence goes against human rights. Also discuss the issues of excessive force (R vs Yaman)

Question 2

What is the reform for the first AO3 point for a self-defence essay?

Answer 2

Draft Criminal Code, Law Commission and Criminal Law Revision Committee all recommended that excessive force should reduce a murder charge to manslaughter, but this is partially dealt with by loss of control

Question 3

What is the second AO3 point for a self-defence essay?

Answer 3

Loss of Control / Domestic Abuse - Is both defences fair to all that are genuinely scared - loss of control succeeds for murder as a partial defence so why can’t excessive force be its own partial defence. Talk about unfairness due to sexual discrimination as men have more success pleading self-defence

Question 4

What is the reform for the second AO3 point for a self-defence essay?

Answer 4

Remove issue of imminent threat to make it easier for battered women to plead, introduce excessive SD to reduce a charge of murder to manslaughter

Question 5

What is the third AO3 point for a self-defence essay?

Answer 5

Mistake and Intoxication - Involuntary intoxication for a mistake in SD is not allowed but it is in the actual intoxication defence, leads to inconsistency and a lack of clarity

Question 6

What is the reform for the third AO3 point for a self-defence essay?

Answer 6

Abolish the ruling in O’Connor + O’Grady so a mistake made due to involuntary intoxication could be a partial defence

Question 7

What is the fourth AO3 point for a self-defence essay?

Answer 7

Does the law go far enough to protect homeowners and is the term ‘grossly disproportionate’ too vague? - Would R vs Martin and R vs Hussain and Hussain be considered grossly disproportionate?

Question 8

What is the reform for the fourth AO3 point for a self-defence essay?

Answer 8

Allow homeowners to have more than grossly disproportionate force in their home to better protect them