self-defence

what type of defence is this?

general defence

if the defence is successful what type of defence is it?

complete defence

what two defences overlap here

self defence and the prevention of crime

which act is self-defence and the prevention of crime under?

Criminal Justice and immigration act 2008

what does section 76(1) state

- use force as is reasonable in the circumstances

- "a person may use such force as is reasonable in the cirumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or of persons unlawfully at large"

what are the two key elements of this defence

1. use of force must be necessary

2. the force used must be reasonable

who decides if the force was necessary

the jury

what types of force may be used

- premptive strikes

- preparing for an attack

- no duty to retreat

- mistake as ti the need for self-defence/prevention of crime

what does pre-emptive strikes entail

defendant does not need to wait to be attacked before defending him/herself

what cases are relevant to premptive strikes

Beckford - "a man about to be attacked does not have to wait for his assailent to strike first blow or fire the first shot; circumstances may justify a pre-emotive strike" - a man can attack before his assailant does provided the cirumstances

Cousins - "when a threat to kill another person is made to deter them from crime it may be lawful as a form of self defence" - threatening to kill someone to prevent crime may be self-defence

what does preparing for an attack entail

- if D believes theyre at risk of an imminent attack on their property they may be able to prepare to defend themself

- if danger/threat from original attack is over, defence not avaliable

what case is relevant for preparing an attack

- attourney generals reference no.2 -> CoA held "someone who fears an attack can make preperations to defend himself even if the preperations involve breaches of law"

- clegg -> shot after car went past, unnecessary as attack was over

- hussain -> attacking someone running away is unnecessary as attack was over

what are the issues with attourney generals reference no.2

- inciting violence

- blurs proportionality line

- encourages use of/ carrying of weapon

- vigilantism

what does no duty to retreat entail

no duty on D to retreat when faced with an attack, not necessary to demonstrate a reluctance to fight

what case is relevant to no duty to retreat

Bird -> self defence as no duty to retreat was required

what does mistake as to the need for self-defence/ the prevention of crime?

if D makes a mistake and thinks that self-defence is necessary, D is judged on facts as they believed them to be

what does s.76(4) say?

mistake can still be made even unreasonable

what cases are relevant to mistake as to the need for self-defence/the prevention of crime

Williams -> mistale had to be honest but need not be reasonable, the more unreasonable the belief the less likely the jury is to believe defendant honestly held it

is self-defence avaliable for intoxication/

no, s.76(5)

what case is relevant for intoxication and mistake

o'grady -> mistake due to voluntary intoxication could not form basis of a defence to any crime

what factors are taken into account to decide reasonable force

1. degree of force

2. threat of harm

3. urgency of situation

4. element of surprise

5. any other cicrumstances of D

what degree of force is required if D is protecting property

lower

what is the test for reasonable force, which case and sections confirmed it

owino -> wether a person used such force as was objectively reasonable in circumstances as they believed them to be

s.76(3), s.76(7)

what does s.76(7) say

person acting for legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action, if "honest and instictive" thought necessary = reasonable

what case is relevant to s.76(7)/s.76(3)

palmer

what happens if force is deemed excessive

found guilty

when else will the defence not be avliable

if danger from origial attack is over

what cases are used in relation to excessive force

Clegg -> car drove past, attack over

Martin -> unreasonable force, attack over

Hussain -> attacking running V, attack over