Self-defence

What are the three elements required for valid self-defence?

1. Permitted purpose

2. Was the force necessary?

3. Was the force used reasonable/proportionate in the circumstances?

Permitted purpose

Common law - to protect self or others

Criminal Damage Act 1971 - to protect property

s3 Criminal Law Act 1976 - to prevent crime

How is it determined whether force was necessary or not?

If the force was necessary in the circumstances as D believed them to be

R v Gladstone Williams

D thought V was assaulting a youth, in fact V was arresting the youth for attacking an older lady.

D’s conviction was quashed since D believed that the man was assaulting the boy

Which Act puts the precedent of R v Gladstone Williams on statutory footing?

s76(3) Criminal Justice and Immigration Act 2008

Effect of mental conditions on self-defence

R v Oye - D’s conviction quashed since it was found that he was insane

R v press and Thompson - Ds suffered from PTSD but the force used was deemed unreasonable

What is the rule on pre-emptive force?

s76(6a) Criminal Justice and Immigration Act 2008

A person is not under the duty to retreat when acting for a legitimate purpose

AG’s Ref 1984 - Possession of petrol bombs in preparation for attacks is allowed

What is the rule on reasonable force?

s76(6) Criminal Justice & Immigration Act 2008 - force must be proportionate to the threat (except for in householder cases)

R v Clegg

Soldier on patrol shot at a car after it passed, fearing that they were terrorists.

The shot killed a passenger and excessive force was deemed to be used

R v Martin

Two burglars broke into D’s farmhouse. D fired several shots, one died and the other had serious injuries.

Defence was not effective since he shot as the burglars were leaving