self defence

explain self defence

s76 criminal justice , criminal justice act 2008puts previously available defences into one law - the right to use reasonable force when : defending yourself , defending another, defending your property or of another, prevention of crime making an arrestt, this is normally available for the non fatal offences but can be for crimes such as murder or against property

paragraph one - cases

the jury will decide wether the force was necessary , this means that there was nothing else that the defendant could’ve done r v hussein was held “attack was totally unnecessary and amounted to very violent revenge “

talk about relevant factor

danger is over- if attacker is running away and the force is used after danger is over it is ver unlikely force is necessary

duty to retreat- there is no duty to retreat however it could be used as part of a decision whether it was necessary r v bird- cow stated in order to use self defence withdrawing from an attack or showing unwillingness to fight can be evidence that d is acting reasonably

preparing for an attack self defence includes preparing for an attack if it is imminent ag ref no 2- he m Ade petrol bombs- was sucessful in claim

pre emotive strike - the defendant can make pre emptive strikes mening he does t have tioesnt have to wait for attacker to strike first

mistaken self defence- d mistakenly believes force was necessary - jury have to decide whether d honeslty believed force was necessary in the circumstances - r v Gladstone- Williams

intoxication a drunken mistake cannot be the basis of self defence

paragraph 2

excessvie self defence is no defnce at all-jury will be asked wether level of forced used by d wad reasonable or excessive/ disproportionate - speicla characterisicts if d has psychiatric condition it vasnnot be taken into acount- r v Martin - id f has physical condition will be taken into account c

explain rules for householders

householders can use disproportionate force but not grossly disproprtionate forde- collins v secretary iof state justice - this is higher for self defence elsewhere