Self Defence

• 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.