self defence

• self defence defined under

  s.76 criminal justice and immigration act 2008

  'a person may use such force as is reasonable in the circumstances to protect themselves, another or in the prevention of a crime'
• self defence 1

  was force necessary, based on the facts as d believed them to be? (subjective)
• was force necessary?

  s.76(4) (williams) - where d makes genuine mistake to facts, they must be judged according to facts as they genuinely believed them to be

  s.76(5) (o'grady) - d cannot rely on mistaken belief if mistake made due to d being voluntarily intoxicated

  s.76(6a) - no duty to retreat but the possibility d could have done so is relevant in deciding wether force was necessary

  (beckford) - d doesn't have to wait for an attack to start; pre-emptive strike may be in self defence

  (Hussain) - if attacker is running away, unlikely force is necessary
• self defence 2

  s.76(3) a person may use force as is reasonable in the circumstances
• reasonable in the circumstances

  s.76(6) - degree of force from d will not be reasonable if disproportionate

  s.76(7a) (palmer) - a person active for a legitimate purpose may not be able to weigh to a nicety the exact measure of the necessary action', allowance is made for someone under stress

  s.76(7b) - if d does what he honestly and instinctively thought necessary this is strong evidence only reasonable action is taken
• notes

  excessive force, fail - (Clegg)

  evidence of attempt to retreat is desirable but not essential - (bird)

  not appropriate to take into whether d suffered psychiatric condition - (Martin)

  force against innocent third party to prevent a crime is allowed - (hichens)