Self-defence

Cards (10)

Intro
Necessity defence, in which D argues that they had to commit the offence alleged.
Will result in a full aquittal if plea is successful.
Sources
Two was
Common law
Statute
Common law
Amended by Criminal Justice Act and Immigration Act 2008
D defends himself, another or property
Statute
S3(1) of the Criminal Law Act 1967
Prevent a crime
Carry out lawful arrest
Elements
Elements
Was force necessary?
Was force proportionate
Force must be necessary
Subjective test
Judged according to facts of circumstance that D genuinely believed
Even if mistake
R v Gladstone Williams
Mistaken belief due to voluntary intoxication
S76(5) CJAI
Force is likely to be unnecessary
Cannot rely on belief
R v O'Grady
Delusions
If genuine, may amount but unlikely to satisfy second element
R v Oye
Pre-emptive strikes
No general duty to retreat before using self-defence, but would the RM have taken opportunity to run?
R v Beckford
D as the aggressor
May be able to use force if V's response is wholly disproportionate, as long as it wasn't D's aim all along ie an excuse to use serious violence
R v Rashford