Self-defence!!

• What s self-defence?

  Self-defence is a common law offence used to defend yourself, or another, or property under S.76 Criminal Justice and Immigration Act 2008. 
• What is the effect of a successful plea?

  It is a complete defence, leading to an acquittal if successful. 
• What must be established?

  Both necessary force and reasonable force must be established. 
• What is Necessary force?

  Necessary force is where the subjective test is used to see if the force used was necessary. 

  D must believe they needed to use force in the circumstance.
• What is Mistaken Belief?

  Mistaken belief is if D mistakenly uses force, self-defence may still be relied on, even if it’s unreasonable to the ordinary person, like in R v Williams. 
• What is Reasonable force?

  Reasonable force is where the objective test is used to consider whether the level of force was justifiable. 

  It considers the level or proportion of force to the danger being faced. 
• What case supports Reasonable force?

  The case of Palmer, D may not have the time to ‘weigh up the nicety’ as to whether the force is necessary. 

  In Owino all facts of the offence must be considered, but the force must not be excessive like in Clegg & R v Martin. 
• What does Attorney Generals reference No.2 state?

  Attorney Generals reference No.2 states that D can prepare for an attack and does not have to wait to be attacked but can strike first (Bird) provided both tests are established.