Self Defence Evaluation

• Reasonable Force is Too Vague

  • s.76(7)(a) - subjective, based on d's perspective
  • wide definition - R (Collins) v Secretary of State for Justice - brain damage to v, able to use defence
  • Beckford v R - allowed self-defence, generous, use of force was not reasonable
  • arguable seeks to justify the use of excessive force in some situations
• Rules of Pre-Emptive Strikes

  • Attorney-General's Reference (No. 2 1983) - d can strike first if they believe they are in imminent danger
  • can use it even if what they are doing is a criminal offence
  • Att-Gen's Ref (No. 2 1983) - extreme violence to unknown threat
  • R v Bird - claimed she forgot glass was in hand when punched him, lost an eye, abolished previous 'duty in retreat', favour defendants
  • creates a dangerous precedent, allowing d's almost 'carte blanche' in response
• Self-Defence and Mental Health

  • Criminal Justice and Immigration Act 2008 - doesn't mention issue of d's mental health/perception, and how this affects response
  • R v Oye - affirms rule in R v Martin, how a mental health condition which causes d to 'overstate a threat' cannot be used
  • significant disadvantage - not meeting needs of a modern legal system
• All or Nothing Rule

  • complete defence, acquittal
  • e.g. murder, will be free if successful
  • fine line between 'reasonable' and 'excessive' - can be quite harsh when considering heat of the moment, adrenaline and fear
  • should be partial-defence so d will receive a discretionary sentence