What is self defence?
Common law defence used where you hit someone who has attacked you/think is going to attack you
Also applies to protection of another person or property
What is prevention of crime?
Allows a defence to any person using reasonable force to prevent crime, or lawfully arrest suspected offenders
S3 Criminal Law Act 1967
What are the 2 main aspects of self defence/prevention of crime?
Was the force necessary
Was the force reasonable?
R v Malnick
D doesn’t have to wait to be punched before reacting, but there must be some immediacy regarding the threat
R v Williams
If D was mistaken at to facts of scenario, their mistaken belief is the accepted one
S76 Criminal Justice and Immigration Act 2008
Evidence D having only done what they honestly thought was necessary for a legit purpose is strong evidence that reasonable action was taken
R v Clegg
If force is excessive, D is guilty