SELF DEFENCE

• What is the 1st point?

  Was it necessary to use a degree of force? - the D will be judged according to the facts as they genuinely believe them to be to decide if the force was necessary
• Gladstone Williams 


  The D made a genuine mistake
• What test did Beckford v The Queen give?


  ‘a person may use such force as is reasonable in the circumstances as he honestly believes them to be in the defence of himself or another‘ - S76 of the criminal justice and immigration act 2008 put this in statutory form
• What case states that if the D is intoxicated and makes the mistake then you can’t use this defence 


  R v Taj - can’t rely on their mistaken belief unless they would’ve made that mistake sober
• What case do you use for If the D is suffering from delusions?


  R v Seun Oye - the D’s mental health is NOT to be taken into account

  R v Press and Thompson - PTSD
• What if it’s a preemptive strike - hitting someone before they hit you? 


  R v Bird - it is allowed and there is no duty to retreat
• What if the D is the aggressor? 


  if the V’s response is wholly disproportionate and so seriously threatens the D - R v Rashord
• What is the 2nd point?

  was the force proportionate?
• In normal situations and house-holder cases are you allowed to use more force? 


  Yes as long as it doesn’t exceed grossly disproportionate
• What case states that the test is objective? 


  Seun Oye and Press & Thompson
• What happened in the case of R v Clegg? 


  The D fired shots as the car passed - couldn’t use defence as the threat had passed
• What do we use the case of Martin for?


  householder cases
• To be a householder case the force used by the D must be in or partly in a building that is a dwelling
• The D must believe the V is a trespasser
• The D must not be a trespasser
• What are the tests?

  Was the degree of force the D used grossly disproportionate in the circumstances as they believed them to be? - the answer must be NO

  was the degree of force the D used nevertheless reasonable in the circumstances they believed them to be? R v Ray (2017)
• What case said the D made a genuine mistake?

  R v Gladstone Williams