Self-Defence and Related Defences Summary

Self-defence Overview

Self-defence allows for the use of force that would otherwise be considered a non-fatal offence or homicide if the force is necessary to defend oneself, others, or prevent a crime.

Key Concepts of Self-defence

  • Necessary Force: Justifiable use of force only when absolutely needed.
  • Mistaken Belief: Self-defence can apply even if the belief of threat is mistaken.
  • Intoxicated Mistakes: Mistakes made while intoxicated can impact self-defence claims.
  • Reasonable Force: Degree of force must be reasonable considering the circumstances.
  • Householder Cases: Specific rules apply for force used by householders against intruders.

Reasonable Force

  • The assessment is made objectively, judged by the jury or magistrates.
  • Burden of Proof: Lies on the prosecution to prove unreasonableness of force.
  • A person may not gauge the exact degree of necessary action precisely (CJIA 2008, s.76(7)).

Case Law on Reasonable Force

  • R v Owino (1996): Jury to consider D’s belief genuinely, whether mistaken or not.
  • R v Whyte (1987): Reasonability depends on the nature of the attack. Use of excessive force not justified in minor attacks.
  • R v Yaman (2012): Example of disproportionate force with a hammer attack.

No Duty to Retreat

  • CJIA 2008, s.76(6A): No requirement to retreat, only a factor to consider in self-defence assessments.

Characteristics of D in Self-defence

  • The physical and psychiatric characteristics of D can influence reasonable force considerations (R v Martin (2001), R v Oye (2013)). Insanity cannot define standards of reasonableness.

Householder Cases

  • Introduction of concepts: 'householder' and 'grossly disproportionate' force.
  • CJIA 2008, s.76(5A): Force must not be grossly disproportionate in household situations.
  • Judicial outcomes like R v Ray (2017) emphasize the nuanced legal landscape of household cases.

Conditions for Householder Defense

  • D must be in a dwelling and believe V to be trespassing (CJIA 2008, s.76(8A)).
  • Relevant cases: R v Cheeseman (2019), R v Magson (2022).

Conclusion

Understanding the nuances of self-defence, reasonableness of force, and specific provisions for householders is crucial for legal applications of self-defence claims.