Self Defence

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  • Self Defence
    • Common law defence although the principles are contained in the Criminal Justice and Immigration Act 2008
      • Success in plea leads to acquittal
      • An additional statutory defence in the prevention of crime is outlined in S3(1) Criminal Law Act 1967
    • Was the force necessary?
      • For the jury to decide
      • If not necessary = guilty
        • Hussain and another
    • Genuine Mistake
      • To be judged on the facts as D honestly believed them to be, even if they were unreasonable.
        • Now contained in S76 (3&4) of the CJIA 2008
        • Williams
        • Intoxication invalidated this principle as stated in S76 (5) of the CJIA 2008
    • Was the force reasonable?
      • Defined in S76 (7) of the CJIA 2008
        • the force is that which D honestly and instinctively believed to be necessary for a legitimate purpose
        • A person may not be able to weigh to a nicety the exact measure of any necessary force
      • D is allowed to make a pre-emptive strike
        • Bird
      • Excessive force = guilty
        • Martin


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