Self Defence

Cards (9)

  • Self defence is a complete defence and can lead to an acquittal.
  • Two elements:
    1. Necessity of force
    2. Reasonableness of force
  • The force is not justified if it is not necessary.
  • Necessity will depend on the situation which exists or the defendant believes to exist
  • Gladstone Williams: Mistaken Use of Force
  • Was the degree of force used by the defendant reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be?
    s76(3) Criminal Justice and Immigration Act 2008
  • s76(7) Criminal Justice and Immigration Act 2008

    (a) Is taken into account that a person may not be able to weigh the exact measure of any necessary action
    (b) That evidence of a person's having only done what the person honesty and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose
  • s76(5) CJIA 2008: Cannot rely on the mistaken belief if it was caused by self induced intoxication.
  • Martin: Too much force.