self-defence

• Beckford v The Queen


  A person may use such force as is reasonable in the circumstances that they honestly believe them to be in defence of themselves or another
• R v Seon Oye


  Mental illness is not considered when making decisions about D's genuine belief
• R v Bird


  D doesn't have to wait until they're attacked before they can use force
• R v Rashford


  D cannot rely on self-defence if they remained the aggressor throughout
• Legislation for self-defence


  Criminal Justice and Immigration Act 2008
• R v Clegg


  Excessive force cannot be used
• R v Seon Oye


  Whether force was reasonable is tested objectively
• R v Martin (Anthony)


  If the danger has passed, the force is disproportionate
• R (Derby Collins) v Secretary of State for Justice


  Householder cases: If the force was grossly disproportionate, it is not reasonable to
• Criminal Law Act 1967

  Self-defence can be used in prevention of a crime:

  1. Did D believe force was necessary to prevent a crime?

  2. Was the force reasonable?
• Tests for self-defence


  1. Was it necessary to use force?

  2. Was that force proportionate or reasonable in comparison to the harm that was threatened or the risk that was averted?