Self-defence

• Definition

  • Covers the actions of defending oneself from attack but also another person as well as property
  • The law acknowledges the use of force is sometimes justified + when this occurs the act will not be unlawful
• Types of defence

  • Statutory = crime has been committed
  • Common = crime has NOT been committed
• Statutory defence

  • 'A person may use force as is reasonable in the circumstances in the prevention of a crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of any person unlawfully at large'
  • S3 of Criminal Law Act 1967 only applies when the D is using reasonable force to prevent a crime
• Statutory defence - test

  1. Was it necessary to use force? - Subjective test (R v HM Coroner)
  2. Was the force reasonable? Objective test
• Common law

  • Upto defence to prove as it's their burden to prove

  Palmer v R (1971):

  • Juries may take into account the situation of the D in deciding if the force is excessive + in doing so take into account the position of dilemma facing the D
• Common law - Palmer test

  1. Did the D honestly believe that the use of force was necessary?(subjective)
  2. Did the D use a reasonable amount of force in the circumstances as he believed them to be? R v Oatridge
• Did the D honestly believe the force was necessary

  Fails if:

  1. Acted in retaliation or revenge
  2. Was the aggressor in the first place or
  3. Knew that he did not need to resort to violence

  R v Beckford
• Did the D use a reasonable amount of force in the circumstances he believed them to be?

  R v Oatridge:

  • What may start off as proportionate may become disproportionate
  • The defence is removed completely if used disproportionate

  R v Clegg
• Household cases


  Laws:

  1. Reasonable to circumstances
  2. Not reasonable if grossly proportionate
  3. Force went over the top
  4. But may not - up to jury to decide
• Household cases - Jury consider:

  • Shock of intruder
  • Time of day
  • Presence + vulnerability of other in home
  • Weapons
  • Previous conduct of intruder
• Household cases - A

  • Was the degree of force that D used grossly disproportionate in circumstances as he believed them to be?
  • If yes - self-defence cannot be used
  • If no - following questions:
  • B - was the degree of force that D used reasonable in circumstances he believed them to be?
  • R v Ray