Self-defence

• Self defence is protecting yourself, another person or property and can be used across all crimes
• s.76 Criminal Justice and Immigration Act 2008 states that there are two points the courts must consider when applying self-defence:

  1. Was the use of force necessary in the circumstances?
  2. Was the force reasonable in the circumstances?
• s.73(3) - The force must be necessary in the circumstances, this is an objective test

  • Mistake and self-defence: s.76(3) and (4) states that the circumstances are to be judged as D genuinely believed them to be, even if it was a mistake or unreasonable (Williams(Gladstone))
  • Self-defence and intoxication: s.76(5) states that if D is voluntarily intoxicated, they cannot use self-defence (O'Grady)
  • D's characteristics: Cannot be taken into account when deciding if the force was necessary (Martin)
• s.76(6) - The force must be reasonable in the circumstances

  • Defence will fail is the force was disproportionate or excessive (Clegg)
  • It is not absolutely necessary that the D was attacked first, D is entitles to 'get in his blow first if it is reasonable necessary to do so' (Deana)
  • There is no duty to retreat before using force, so D does not have to walk away (Bird)
• Householders - s.43 Crime and Courts Act 2013

  • Force is allowed to be excessive/disproportionate but it cannot be 'grossly disproportionate' when protecting property - Ray