Self-defence

• Point 1

  • necessity of force, d may have made an honest but silly mistake
  • But, R v Martin allows for mistaken force to happen
• Point 2

  • pre-emptive strike, D may misinterpret and strike the v when V did not intend it
  • But, cannot expect for D to wait to be attacked, especially as it may be fatal, allowed aslong as it is proportionate
• Point 3

  • Excessive force, heat of the moment may make the proportion of force not able to calculate
  • But, if D is allowed to use any force he likes he may deliberately use excessive force
• point 4

  • " all or nothing approach", defence may not be allowed even if the force is only slightly excessive
  • But, there has to be a line somewhere, and people would be able to abuse the defence
• Reforms

  • The Crime and Courts act 2013, s.43, allows for any force up to grossly disproportionate
  • the coroners and justice act 2009, loss of control defence provides an alternative where self-defence is ruled out due to excessive force