Self Defence/ Prevention of crime

• Where does self defence come from?

  Common law defence

  R v Palmer (1971)
• Where does prevention of crime come from?

  Statutory defence

  Criminal law Act 1967

  Clarified in s76 Criminal Justice and Immigration Act
• What did Crime and courts act 2013 bring in?


  Brought in principles to householders only
• R V Palmer?


  left with drugs they hadn't paid for, felt like being chased shot victim

  Established test for self defence
• What is the test for self defence?


  Did D honestly believe use of force was necessary to protect themselves/another from harm

  Was amount of force reasonable
• Is force necessary?


  Subjective test

  s76 criminal justice and immigration act 2008
• R v Williams (Gladstone)


  thought youth was stealing bag, apprehend youth

  mistaken belief as they were drunk can't use but if belief was right can use
• Attorney Generals Reference (No2 of 1988)


  owned a shop riots, petrol bombs but didn't use

  Not guilty- self defence doesn't have to be spontaneous but continous
• Was force reasonable?

  Objective- reasonable man

  subjective understanding of defendant
• R V Owino


  Married couple- both contenders physically abusive towards them

  Wife suffered injuries due to his actions

  Failed- forced not reasonable