Self-Defence

• What is self-defence?


  It is where a person uses force to protect themselves or another.
• Under what circumstances can a person use reasonable force in self-defence?


  A person can use reasonable force to prevent a crime or assist in a lawful arrest.
• What are the types of self-defence recognized in law?

  • Self-defence
  • Defence of another
  • Statutory defence (s3 Criminal Law Act 1967)
• What does s76 of the Criminal Justice and Immigration Act 2008 state about self-defence?


  Defendants may only rely on the defence if their action was necessary.
• What happens if the force used in self-defence is not necessary?


  The force will not be justifiable and thus unlawful.
• Can a defendant make preparations for self-defence even if it involves breaching the law?


  Yes, if they apprehend an attack.
• What was the outcome of AG's Reference (No.2) [1983] regarding self-defence?


  The jury acquitted the defendant who made petrol bombs for protection.
• What did Lord Lane state about self-defence in AG's Reference (No.2) [1983]?


  A person may arm themselves for protection even if it involves committing other offences.
• In R v Hussain & Another [2010], why was the self-defence claim rejected?


  Because the burglary was over and there was no danger.
• What was the consequence for D1 and D2 in R v Hussain & Another [2010]?


  They were convicted of s18 OAPA 1861.
• What does s43 of the Crime and Courts Act 2013 provide for householders?


  It provides a wider defence when an intruder enters their property.
• Under what condition is the force used by a householder deemed unreasonable?


  It is deemed unreasonable if it is grossly disproportionate.
• What is the significance of R v Clegg [1995] in relation to reasonable force?


  The last shot fired was considered grossly excessive and disproportionate force.
• What was the outcome of R v Anthony Martin [2001] regarding self-defence?


  Self-defence was left to the jury and rejected.
• How does the court assess a defendant's mistake regarding self-defence?


  The court assesses the necessity of the defendant's conduct based on their belief of the facts.
• In R v Williams [1987], what was the outcome regarding the defendant's mistaken belief?


  The conviction was quashed because the facts should be treated as the defendant believed them to be.
• Can a defendant plead self-defence if there was no actual attack?


  Yes, if they genuinely believed they were under attack.
• What is the ruling in R v Hatton [2005] regarding intoxication and self-defence?


  A drunken mistake cannot be relied on for the purposes of self-defence.
• What are the key elements and cases related to self-defence?

  • Necessary: AG’s Ref (No2 of 1983)
  • Reasonable Force: R v Clegg [1995], R v Anthony Martin [2001]
  • Mistake: R v Williams [1987], R v Hatton [2005]
  • Statutory defence: s43 Crime and Courts Act 2013
• What are the two elements needed for self-defence to be successful?

  Necessity and reasonable force.
• Which case shows that you can pre-empt using self-defence?

  AG's Reference (No.2) [1983] demonstrates pre-emptive self-defence.
• Why was R v Anthony Martin unable to use the defence of self-defence?


  Self-defence was left to the jury and ultimately rejected.
• What happened in R v Clegg?


  The defendant was convicted of murder for using excessive force.
• Will the defence be available if you make a mistake?


  Yes, if the mistake was genuine, but not if it was due to intoxication.
• Which statute has widened the defence for householders?


  s43 Crime and Courts Act 2013 has widened the defence for householders.