paper 1 crime -defences

self defence (need for force)

complete defence leading to acquittal

criminal justice and immigration act 2008 whether the degree of force used by D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be

mistakes as to the need of force are judged subjectively, the need for force is judged as to if D genuinely believed there is a need for force (williams)

there is no duty to retreat (bird)

self defence (degree of force used)

force must be reasonable, if force is used after danger is over self defence wont succeed (martin)

criminal justice and immigration act 2008 - the degree of force used will not be reasonable tin the circumstances if it is disproportionate

D is not expected to weigh to any nicety and the fact D honestly and instinctively believed the level of force was neccessary

self defence (householder cases)

householders confronted by intruders can use a disproportionate amount of force provided it is not grossly disproportionate to protect themselves and others in their home (collins v sec state for justice) (hussain)

self defence eval

honest mistake- where D is mistaken for the need for force , if this was not allowed then D could face charges when they aren’t really at fault as it was an honest belief but this affords no protection to the innocent victim who could be injured (gladstone williams)

pre emptive strike- it is sensible that there is no duty to retreat before using force in self defence you can even make preparations in self defence even if they involve current breaches of the law

imminence of the attack is crucial eg you cant carry a knife for protection in case you may need it (salih)

excessive force- the all or nothing approach in self defence is harsh as they are either found guilty or not guilty there is no partial defence, this is unfair on a person who kills another and ends up with a life sentence (martin)

householder cases - some would argue a householder is morally justified in using any amount of force but in (martin) courts wouldn’t even take into account his personality disorder when considering self defence

self defence - consent

common law defence to some non fatal offences eg assault and battery