self defence

• force must be reasonable

  CJIA - when deciding if force is reasonable, taken into account that d may not weigh to a nicety what reasonable is, as long as d acts honestly and instinctively, it suggests reasonable action was taken

  principal seems fair but difficult for juries to decide if force was necessary and excessive, law is often generous to D (Sharman)

  law on SD all or notice - if successful d not guilty, if fails d guilty as charge, no fallback to lesser offence
• harshness in muder case


  government proposed a partial defence of 'killing in response of serious violence' this has been accepted and now forms coroners and justice act, can reduce murder to manslaughter even where excessive force is used

  defences will not e available if force has been used after danger has passed (Clegg)
• position on mistake belief as to a threat


  d judged on facts as he believed them to be, even if belief was mistake (Williams), seems fair, objective test would be hard here

  if d mistaken because he's involuntarily intoxicated, he can't use defences, seems fair, d has been reckless
• rules on pre-emptive strikes

  d can defend himself even if an attack has not yet begun and can do so even if this involves breaching the law AG's Ref no.2

  fair in situations where d has no alternative, shouldn't have to wait to be attacked but battered women can't use defence on SD if preemptively attack their abuser, will need to use partial defences under coroners and justice act

  force can only be used if threat is imminent (jones)

  seems fair but how imminent is imminent, how fair is it if d takes measures to protect himself in anticipation of an attack (Clancy)