Common Law

• key case

  Palmer v R - shot men chasing with stones, excessive force
• Palmer test 


  1. Did D honestly believe force was necessary

  2. Did D use reasonable force in the circumstances
• R v Gladstone Williams 


  If Ds mistake is genuine, should judge based on the defendants mistaken view regardless of whether its reasonable
• R v Oatridge (honest belief of force)


  •was D under actual/threatened attack by V

  •did D act to defend himself

  •was his response proportionate to degree of danger
• no honest belief of force 


  •acted in retaliation/revenge

  •was the aggressor in the first place

  •knew he did not need to resort to violence
• R v Beckford 


  Sent armed officers where it was believed a son was terrorising his mother, reported by sister (denied reporting it). saw man run from back door, with an "object". ran after and claims son shot first then Beckford shot and killed
• if D is the aggressor (1)

  R v Balogun- "man who is attacked or believes he will be attacked... necessary and reasonable force to defend himself"
• if D is the aggressor (2)

  R v Rashford - D sought out V, V responded disproportionately and D went from aggressor to defender
• pre emotive strikes 


  s76 (6A) criminal justice act - no duty to restrain when acting for legitimate purposes
• if D believes force was necessary

  s76 (5) criminal justice act - cannot rely on mistaken belief if he had voluntarily consumed intoxication.

  R v OGrady - drank a large quantity of alcohol before a fight with a friend he didn't remember.
• Lord Lane CJ

  if D was acting to what be believed was necessary to protect himself and public in general or victim through no fault if his own had been injured/killed by a drunken mistake
• if D was suffering from delusions

  R v Oye
• was force proportionate

  R v Oatridge

  s76 (6) criminal justice immigration act - proportionality of force
• degree of force used by D is not to be regarded as having been reasonable in circumstances as D believed if it was disproportionate


  consider factors

  •what may start off as proportionate force may become disproportionate

  •defence removed completely if force used is disproportionate
• R v Clegg 


  Soldier manning vehicle check in NI. car did not stop, all soldiers opened fire, D shot 3x and final bullet killed passenger in backseat.

  HoL -> "where a soldier/officer kills a person by firing a shot with the intention of harm and the firing is in self defence/protection of others/prevention of crime.

  using excessive/unseasonable force -> murder or manslaughter?
• R v Martin 


  lived in an isolated farm. 2 intruders(already had precious break in) and went down with a shot gun and shot where he believed the disturbance. killed a 16yr old.

  convicted personality disorder that wasn't considered.

  not self defence but disorder should be considered.
• s76 criminal justice and immigration act

  (3) reasonable degree of force used in the circumstances decided by circumstances D believed them to be

  (4)D claims belief of existence of any circumstance

  (a) reasonableness that D genuinely believed it

  (b) if he did hold it, hes entitle to rely on s76 (3) whether or not it was a mistake/ the mistake was a reasonable one to make

  (5) cant rely on mistaken belief if voluntarily intoxicated