self-defence

• williams- believed someone was being attacked and intervened but they were being arrested
• a-g's reference- preemptive acton with a petrol bomb
• tony martin- burglar ran away used excessive force
• hussain- force used was not reasonble when he chased a burglar down the street and beat them up (revenge)
• householders can use disproportionate force (suggests a high level of force is available for a householder but burglar has to be in house)- evaluate point- is this a good thing or not?
• criminal justice and immigration act 2008
• use of force necessary?

  degree of force reasonable?
• Complete defense in self-defense leads to acquittal
• Amended by the Criminal Justice Immigration Act 2008, Section 76 (3) states that a person may use such force as is reasonable in the circumstances
• Reasonable force in self-defense is defined by the CJIA 2008 as force that must be necessary in the circumstances
• In the case of Williams, it was highlighted that force is necessary based on the defendant's genuine belief, even if they are mistaken about the situation
• Regarding retreat in self-defense, although there is no duty to retreat, if the defendant could have retreated, this will be a factor considered when deciding if the degree of force used was reasonable
• In the case of Bird, the defendant was not expected to retreat when pinned against the wall, as the opportunity for retreat can be used as powerful evidence for the necessity of the force used
• The degree of force used in self-defense must be reasonable, as seen in the cases of Martin and Hussain where excessive force was considered more as revenge than self-defense
• Householders confronted by intruders can use a disproportionate amount of force, but not grossly disproportionate, as grossly disproportionate force cannot be used as a defense and is regarded as revenge, as in the case of Collins v Secretary of State for Justice