Self-defence

• Where is the law on self-defence found?

  Common law
• What is the definition of self-defence given in Palmer?


  A man who is attacked may defend himself but may only do what is reasonably necessary
• What type of defence is it?

  A complete defence
• Is self-defence a defence to murder?

  Yes
• What are the two questions for self-defence?

  1. Some force must be neccesary
  2. Force must be reasonable
• What type of test is the first question to self-defence?

  Subjective
• What type of test is the second question for self-defence?

  Objective
• What is the first question for self-defence?

  Must be necessary to use some force
• What is the second question for self-defence?

  Force must be reasonable
• What is the subjective test to decide if it's necessary to use some force?

  Based on the defendant's honest belief that force was necessary in those precise circumstances
• What case tells us that if the D. mistakenly believes force is necessary while intoxicated the defence will fail?

  O'Grady
• The defendant can be mistaken in believing some force was necessary
• What case tells us that a pre-emptive strike is allowable?

  A-G. Ref.
• What is there not a duty to do in self-defence?

  A duty to retreat
• Which case tells us that a person can hit another person first instead of waiting to be attacked?

  Deana
• Which case tells us there isn't a duty to retreat in self-defence?

  Bird
• What does the case of R v Bird tell us about self-defence?

  There is no duty to retreat
• What does the case of Deana tell us about self-defence?

  A person can hit another person first rather than waiting to be attacked
• What does the case of O'Grady tell us about self-defence?

  A mistaken belief force is necessary while intoxicated rules out the defence
• What Act tells us that a householder can use 'disproportionate force' in self-defence?

  s76 of the Criminal Justice and Immigration Act 2008
• What does 'disproportionate force' mean?

  Beyond reasonable
• What does 'grossly disproportionate' mean?

  So badly beyond reasonable
• What Act tells us that a person may use force that is reasonable to prevent a crime?

  s3 of the Criminal Law Act 1967
• What does s3 of the Criminal Law Act 1967 tell us about the prevention of a crime?

  A person may use reasonable force when preventing a crime
• What is the objective test to decide if the force is reasonable?


  A jury must ask whether, based on the facts the defendant believed them to be, would a reasonable person regard the force as reasonable or excessive
• What is a case demonstrating excessive force?

  Clegg