Self Defence Overview

These flashcards cover key concepts related to the legal defense of self-defence, including its definitions, statutory references, relevant cases, and evaluative points.

What is self-defence in law?

A complete defence to criminal charges including murder, justified under circumstances when force is necessary to protect oneself, another, or property.

Which act set out the statutory defence of self-defence in the UK?

The Criminal Law Act 1967.

What are the two key elements that must be discussed when evaluating self-defence?

Was force necessary? Was the force used proportionate?

What case is associated with the subjective test of necessary force?

Gladstone Williams (1987).

Under what circumstances is force considered necessary?

Force is necessary when it is based on the circumstances as the defendant genuinely believed them to be.

What does section 76(3) of the Criminal Justice and Immigration Act 2008 clarify?

It clarifies that the reasonableness of force is judged by the circumstances as the defendant believed them to be.

What happens if a defendant's mistake about circumstances is due to intoxication?

They cannot rely on their mistaken belief if it resulted from being voluntarily intoxicated.

How do mental conditions like PTSD affect a self-defence claim?

They can influence a defendant's genuine belief about the necessity of force, but reasonable force remains an objective test.

What principle regarding pre-emptive strikes was established in the case of Bird (1985)?

A defendant is under no duty to retreat and can strike first in self-defence.

Can an initial aggressor rely on self-defence?

Yes, if the other party's response is wholly disproportionate and seriously threatens the initial aggressor.

What does section 76(5A) specify about self-defence in householder cases?

Force must not be grossly disproportionate in a householder case.

What was the significant finding in R v Ray (2017)?

The court confirmed that the defence of self-defence can fail even if the belief in needing to use force was genuinely held.

What does the case Collins v Secretary of State for Justice (2016) relate to?

It reaffirmed that the reasonableness of force used in householder cases should be assessed by the jury based on various contextual factors.

What distinguishes the public defence under section 3 of the Criminal Law Act 1967 from self-defence?

It allows for the use of reasonable force in preventing a crime or making a lawful arrest, not for recovering stolen property.

What is a potential criticism of the law on self-defence?

The subjectivity of the defence can lead to inconsistent case outcomes.

In the evaluation of self-defence, why is excessive force a problematic issue?

It cannot be precisely calculated and is often subjectively interpreted, leading to different judicial outcomes.

What case illustrates the consequences of using excessive force in self-defence?

R v Clegg (1995) where the defendant's actions were deemed excessive.

What is the objective test regarding reasonable force?

It balances risks of harm to both the defendant and the victim, accounting for the circumstances involved.