Self defence

What’s an introduction Paragraph?

self defence is a potential defence available to D. This defence negates the unlawfulness of otherwise unlawful acts of force, and if successful will lead to Ds acquittal. In order to justified force use must be necessary and proportionate. Held under s.76 Criminal Justice and Immigration Act 2008

what’s the threat paragraph?

First, D must believe that he, someone else or his property is under threat or the force is necessary to prevent a crime. This is a subjective test.

APPLY

What’s the mistake paragraph?

(only apply in certain scenarios where a mistake has been made)

S.76 (4)(b)(i) states that the court must consider Ds view of the threat, if D is mistaken, he should be judged according to his mistaken view- did D genuinely believe the mistake. R v Williams(Gladstone)

S.76 (4)(b)(ii) court considers whether Ds view (mistake) was reasonable

S.76(5)(a) confirms self- defence is not available where Ds mistake was because he was voluntarily intoxicated R v O’Grady/O’Connor

what’s the imminent paragraph?

Threat against D must be imminent and is subjective (based on Ds view of the situation) Ag Ref (No2 1983)D can make advance preparations and make preemptive strike, they do not need to retreat. If threat has passed so no longer a danger at the time, self defences not available R v Hussain

what’s the reasonableness of force used paragraph?If

court must then consider the reasonableness force used. S.76 (7)(a) if D acts honestly and instinctively because he thought that was necessary to protect himself/others/property or to prevent a crime that would be strong evidence his actions were reasonable Beckford. If force is deemed excessive, the defence will not be applicable Palmer.

What’s the Household rules paragraph?

(only apply in certain scenarios where the force used took place in a house?

what’s the conclusion Paragraph?