Self Defence

• Criminal Justice and Immigration Act 2008
• Full defence, result in acquittal
• D must satisfy 2 elements:

  1. force necessary?

  2. force reasonable in circumstances?
• Prosecution must prove beyond reasonable doubt that def either wasnt acting in self defence or force was excessive
• Force not necessary if attack is over (Hussain)
• Pre-emtive strikes are included (Beckford)
• Def can use threats of death or violence to get attack to stop (Cousins)
• Def is judged in the circumstances they honestly believed them to be (Gladstone Williams)
• Preparations part of self defence (AG's Ref No.2)
• Def under no duty to retreat (Bird)
• Was force reasonable covered by S76 CJIA 2008
• Def not expected to weigh up force (Martin)
• If force is excessive then defence fails (Clegg)
• Cannot rely on def if intoxicated (O'Grady)
• Wider defence for householders - grossly disproportionate