Self defence

• Self defence

  • can be a defence to any crime, including murder
  • Can use force to defend oneself from an attack, but also defend another
  • Can also use force to prevent a crime known as public defence under criminal law act 1967
  • Both of these - permit the use of such forces reasonable in the circumstances
• 2 key questions

  1. was force necessary? - R v Gladstone Williams and Beckford v the Queen
  2. Did the defendant use reasonable force?
• R v Gladstone Williams 


  A person may use force as is reasonable in the circumstances as he believe them to be (subjective). This does not have to be reasonable just honestly honestly held
• What if they believe something is happening because they are delusional


  Seun oye - no defence - mental illness cannot be taken into account
• Pre-emptive strike - does a person have to wait until he is attacked before he uses force
• Duty to retreat - there is no duty to retreat, it is a factor to be taken into account, acting for legitimate purpose eg R v Bird
• What if the D is the aggressor?

   a disproportionate reaction from the v, the d must not be the aggressor but may be the initiator

  Rashford; the d must not be the aggressor but may be the initiator
• Did the D use reasonable force (objective)?

  Basic rules:

  • D can use reasonable force to protect himself, others or property
  • D can not use disproportionate force

  Housholder rules:

  • The force must be used by the d while at home
  • The must not be a trespasser
  • The d must have believed the v to be dangerous
• Clegg

  initially appropriate force may develop into disproportionate
• Honest belief

  • Glasstone and William; d should be judged accordingly to his genuine mistake , viewed on the facts regardless if the mistake was reasonable or unreasonable
• Honest belief

  • Beckford; (test for sd) a person may use such force as is reasonable in the circumstances as he honestly believes them to be in the defence of him or another
• Honest belief

  • Oye; where d has delusions, his mental illness is not to be taken into account in the objective test - unless it is in repentance to s76(7)
• Duty to retreat 


  R v bird:

  Her ex-boyfriend at party, but argued she acted in self-defence as she hit him before he hit her

  Withdrawing or showing an unwilling list to fight is good evidence that defendant is acting reasonably and in good faith
• What is meant by reasonable?

  This has been laid out in section 76 of the criminal justice and immigration act 2008

  ” that a person… may not be able to weigh a nicety the exact measure of any necessary action and the evidence of a persons having only done what the person honestly and instinctively thought was necessary … constitute strong evidence that only reasonable action was taken”
• Initially proportionate force may develop into disproportionate force, for example if the danger has passed. The jury may be allowed to consider this as reasonable.

  The defence is loss entirely if force used is excessive
• Honest belief 


  A person may use force as his reasonable in the circumstances as he believed them to be; this is a subjective test. It must be what the defendant believe was happening, this does not have to be reasonable but must be honest.
• Pre-emptive strike


  A person does not have to wait to be hit
• Retreat


  With drawing or showing an unwillingness to fight is evidence that defendant is acting reasonably and in good faith
• Defendant starts as the aggressor


  Even if the defendant is the original aggressor, the defence may still be available. The defence will fail if the defendant was the aggressive throughout.