Self-defence case cards

• Owino


  self-defence

  pol: stated that the test is whether a person used such force as was (objectively) reasonable in the circumstances as he (subjectively) believed them to be.
• clegg


  self defence

  pol: force cannot be excessive in the circumstances
• bird


  self defence

  pol: dependent is under no duty to retreat.
• AG’s ref no.2 1983


  self-defence

  pol: defendant can make preparations in defence.
• cousins


  self-defence

  pol: A defendant can use threats of force or threats of death to try and stop an attack on himself or to prevent a crime.
• beckford 


  self-defence

  pol: pre-emptive strikes are included in defence.
• hussain


  self-defence

  pol: force isn’t necessary if danger is over.
• governed by criminal justice and immigration act 2008
• full defence resulting in aquital
• two elements - was the force necessary - was the force reasonable
• burden of proof is on the prosecution ~
• not expected to weigh force (martin)
• defendant is judged on the facts as they reasonably believed them to be (gladstone)
• cannot rely on the defence if intox (grady)
• wider defence for householders - grossly disproportionate