Self defence

• Define Self-defence


  a person may use such force as is reasonable in the circumstances
• Where is reasonable force now defined?

  Criminal Justice and Immigration Act 2008
• Where is self defence set out in?

  both common law and statute
• Mistake as to the need for force in self defence is assessed subjectively
• Use of some force must be necessary in the circumstances as they appear to D
• Explain Williams


  D thought a youth was being attacked and intervened. Whether the force is necessary is decided on the basis of D's genuine belief
• What does s.76(5) Criminal Justice and Immigration Act 2008 make clear?


  If D's mistake was due to voluntary intoxication, D cannot rely on that mistaken belief (Taj)
• D is not under a duty to retreat but the possibility that D could have retreated is a factor in deciding if the degree of force was reasonable - Bird
• What happened in Bird?


  D argued with her ex-boyfriend on her birthday and he slapped her and she punched him in the face. There is no duty to retreat using force in self-defence
• The force used must be reasonable. This is judged subjectively
• If force is used after danger is over, or when the attacker is running away, then self-defence is unlikely to succeed - Martin
• What happened in Martin?


  D shot a burglar in the back as he ran away and killed him. The threat had passed and therefore the use of the gun was excessive
• What happened in Hussain?


  D chased a robber who threatened his family and beat V up. Self-defence failed because D was acting out of vengeance after the original attack was over
• What does s.76(6) Criminal Justice and Immigration Act 2008 state?

  the degree of force will not be reasonable in the circumstances if it is disproportionate
• D is not expected to weigh the amount of force "to a nicety" AND the fact that D "honestly and instinctively" thought the level of force was necessary, is strong evidence that it was reasonable (s.76(7) CJI 2008).
• Lawful for householders confronted by intruders to use a disproportionate level of force but not grossly disproportionate
• If D (householder) goes over the top, what level of force is this?

  Grossly disproportionate
• What are the 4 evaluative points for self defence?

  1. Honest mistake
  2. Pre-emptive strike
  3. Excessive force
  4. Householder cases