Self-defence

• Type of defence 


  • General
  • Complete
• Where it applies

  Criminal Justice and Immigration Act 2009

  • In defence of oneself
  • In defence of another (anyone)

  Criminal Law Act 1967, S.3

  • To prevent a crime
• Was the force necessary?

  • Subjective- up to the jury

  R v Hussain- more revenge than self-defence

  R v Martin- no evidence he was under threat

  R v Williams- Mistaken use of force, believed it was necessary

  R V Martin-Mistaken use of force not allowed if d is intoxicated or suffers from mental characteristics
• Was the force reasonable and proportionate to the threat?


  • Objective

  Household/domestic cases

  Crime and Courts Act, 2013, S.43(2)

  "Degree of force used can be anything up to "grossly disproportionate"

  Pre-emptive

  D does not have to wait to be attacked- R v Bird

  A.G Ref (No.2 of 1983)(1984)