Untitled Notes

Self-Defence (or Legitimate Defence): Refers to the justifiable or lawful use of force.
Statutory Definition (Section 18, Non-Fatal Offences Against the Person Act, 1997):
- Use of force is permissible if it is reasonable under the circumstances as the defendant believes them to be.
- It is not an offence if the force is used to protect oneself, others, or property or to prevent a crime.

AG v. Keatley [1954] IR 12:
- Self-defence extends to the defence of others.
AG v. Dwyer [1972] IR 416:
- Established a ‘half-way house’ reductive defence for excessive force, allowing a reduction of murder to manslaughter if the accused honestly believed that the force used was necessary.
- Decision by Supreme Court Justice Walsh: "if the accused honestly believed that the force he did use was necessary, then he is not guilty of murder."
DPP v. Davis [1993] 2 IR 1:
- Confirmation of the principles established in Dwyer.
DPP v. Clarke [1995] 1 ILRM 355:
- Further affirmation of Dwyer’s principles.
People (DPP) v. Connolly (1998) ICLJ 86:
- CCA decision on April 14, 1997, that follows Clarke.
DPP v. O’Carroll:
- Unreported case from CCA, July 6, 2004; applied Dwyer, affirming the subjective nature of the test for reasonable belief in necessity of force.
DPP v. O’Reilly:
- Unreported case from CCA, July 30, 2004.
DPP v. Nally:
- CCA decision on October 12, 2006, delivered by Justice Kearns.
DPP v. Barnes:
- CCA decision on December 21, 2006.

R v. Palmer [1971] AC 814:
- Established the ‘obligation to retreat’ principle; no reductive defence in English law.
R v. Clegg [1995] 1 All ER 334:
- Confirmed that no excessive force half-way defence exists in English law.
- Later decisions in Clegg and CoA (NI) on January 31, 2000, re-affirmed this ruling.
R v. Martin (2002) Crim LR 136:
- Further discussion of self-defence principles within English law.

Transition from Dwyer to Palmer:
- Australian courts have moved from a position of accepting a reductive defence like Dwyer to aligning with Palmer principles.
McKay [1957] VR 560:
- Established that a genuine mistake regarding the level of force allows for a reductive defence.
Zecevic v. DPP (Vic) (1987) 162 CLR 645:
- Overruled McKay by Australian High Court, indicating a shift in principles regarding self-defence.

Law Reform Commission: Consultative Paper on Legitimate Defence (November 2006).
Hanly: Introduction to Criminal Law (2nd ed), Chapter 7.
Charleton: Criminal Law, Chapter 13.
McAuley & McCutcheon: Criminal Liability, Chapter 16.
Lanham, D.: ‘Offensive Weapons and Self-Defence’ [2005] Crim LR 85.
Parish: 'Self-defence: the wrong direction?' [1997] Crim LR 201.
Stannard: 'Excessive defence in Northern Ireland' (1992) 43 NILQ 147.
Doran: 'The doctrine of excessive force' (1985) 36 NILQ 314.
AG's Reference No. 6 of 1980 [1981] 2 All ER 1057:
- Stipulated that consent is no defence to injuries in fights unless conducted under Queensbury rules.
R v. Brown [1994] 1 AC 212; [1993] 2 All ER 75:
- Affirmed that consent is not a defence in cases involving sadomasochism.