self defence

• d may be able to use defence of self defence
• governed by criminal justice and immigration act 2008
• if successful results in acquittal
• d must prove/satisfy 2 elements
• was the force necessary?
• was the force reasonable in all circumstances?
• prosecution must prove beyond reasonable doubt that d either wasn't acting in self defence or the force used was excessive
• jury must decide if force was necessary
• hussain


  force wont be necessary if danger is over
• beckford


  pre emptive strikes included
• cousins


  d can use threats of force or death in order to try stop an attack on himself or prevent a crime
• d is judged in the circumstances as they honestly believed them to be
• ags ref no2


  d can make preparations in self defence
• bird


  d is under no duty to retreat
• whether force is reasonable covered by s76 criminal justice and immigration act 2008
• martin


  d not expected to weigh up exact amount of force but they must do what they honestly thought was objectively reasonable in the circumstances they subjectively believed them to be
• heat of the moment
• clegg


  if force excessive then defence fails
• gladstone williams


  d judged on facts as they believed them
• o'grady


  cannot rely on mistaken belief if that mistake was made due to d being voluntarily intoxicated
• wider defence for householder cases under criminal justice and immigration act 2008.
• force is not reasonable where it is grossly disproportionate
• force must have been used while in/partly in a building that is a dwelling
• must be a trespasser
• must have believed v to be a trespasser