Self Defence

• What does S.76(1)(B) of the Crime Justice and Immigration Act 2008 state?

  States that reasonable force may be used for the purposes of self defence and the prevention of crime
• What are the requirements for self defence to be used?

  • Was the force used necessary? (Subjective test)
  • Was the forced used reasonable? (Objective test)
• What is R v Hussain and what does it relate to?

  D’s house was broken into by a group of armed men and the D and his family were threatened. One of the D’s sons escaped and told his uncle. After escaping, the D and the uncle started to chase the intruders down and caught them and beat them. They were charged with S.18. They couldn’t use the defence as all danger to the D from the original attack was over

  It relates to 'was the force used necessary' for self defence
• What is R v Bird and what does it relate to?

  The D's ex turned up at her birthday party with his new girlfriend. He was asked to leave and his did but he later returned. He pinned her against the wall and D punched him in the face with glass in her hand. The V lost an eye. The courts held that when deciding whether force is necessary, the courts can take into account if there was an opportunity to retreat but doesn't have to. This was defined in S.76(6A)

  It relates to 'was the force used necessary' for self defence
• What is R v William's (Gladstone) and what does it relate to?

  D was on a bus when he saw what he thought was a man assault a youth but it was actually a police officer trying to arrest the youth for mugging an old lady. V didn't show his badge and therefore was an altercation where the officer was injured. The courts quashed the conviction because the jury should have been told the if D thought the mistake was genuine they should judge the D according to his genuine view of the facts, whether this mistake was reasonable or not. S.76(3) and (4) states the D is to be judged in the facts they believed them to be, giving this case a statutory footing.

  It relates to 'was the force used necessary' for self defence
• What is R v Clegg and what does it relate to?

  D was a soldier on duty during the Troubles. A car towards him at speed and another soldier shouted for it to stop. D fired 4 shots at the vehicle and the last shot killed the passenger in the backseat.  The defence couldn't be used as the danger had passed when the fatal shot was fired and excessive force was used.

  It relates to 'was the force used reasonable' for self defence
• What are householder cases?

  s.76(5A) states the degree of force will be considered reasonable unless its 'grossly disproportionate.' For it to be a householder case:

  • The force must be used whilst in/party in a building that is a dwelling
  • D must not be a trespasser
  • D must have believed the V to be a tresspasser
• What is Collin's case and what does it relate to?

  At 3am, the V broke into the house where the D's family was sleeping and one kid chased the V downstairs where his dad was sleeping. The dad put the V in the headlock and shouted for his wife to call the police. When the police arrived the V was unconscious, not breathing and had irreversible brain damage. The courts held that householders can't use any lvl of force but it will be for the jury to decide whether the householders actions were reasonable in the circumstances. 

  It relates the 'householder cases' for self-defence
• What is R v Martin and what does it relate to?

  2 burglars broke into the D's isolated farmhouse and he suffered with paranoia. As they were leaving, he fired at him, one died and the other suffered serious injuries. He couldn't use the defence as the threat pf violence was over and a personality disorder that affects perception of a situation can't be taken into account for the level of force used

  It relates to 'householder cases' and 'was the force used reasonable' for self defence
• What are some matters the jury will have to consider for force used in householder cases?

  • Shock of coming across an intruder in the house
  • The time of day
  • The presence and vulnerability of others in the house
  • If any weapon was used
  • The conduct of the intruder
• What is the statutory defence?

  It set out in the Criminal Law Act 1967 which allows an individual to use reasonable force to prevent a crime or make an arrest. This allows a person to defend from an attack, prevent an attack or defend their property