Self-Defence
- Created by: Hayley Petts
- Created on: 04-06-14 08:37
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- Self-defence
- definition
- self defence and defence of another are found in common law
- s.3 (1) Criminal Law Act 1967 - statutory defence of prevention of crime
- person may use force reasonable in the circumstances to prevent crime or arrest or to help arrest offenders, suspected offenders or persons unlawfully at large
- Criminal Justice and Immigration Act 2008 clarifies the law
- s.76(5) CJIA 2008
- D cannot rely on mistaken belief, if it is as a result of intoxication
- R v Symonds (1998) - driver drove on pavement to avoid a manic pedestrian and calimed self-defence
- self defence allowed but pointed out duress of circumstances was more appropriate
- what degree of force is acceptable?
- Criminal Justice and Immigration Act 2008
- a person who is being attacked should not be expected to weigh to a nicety the exact measure of force to use
- no duty to retreat
- Bird (1985) - gouged out ex-bf eye during heated argument and after V hit D
- no need to demonstrate a willingness to retreat from a threatened attack
- even possible to strike first
- reasonableness of this is for jury to decide
- Bird (1985) - gouged out ex-bf eye during heated argument and after V hit D
- force must be used when danger of situation is still on-going
- Criminal Justice and Immigration Act 2008
- What if a mistake is made about the level of force needed?
- defendant is judged by the circumstances as he honestly believed them to be
- jury decides if amount of force was reasonable, based on D's genuine perception
- s76(3) CJIA 2003 - confirms a mistake need only be honest not necessarily reasonable
- Williams (1987) - grabbed and injured police officer mistakenly thought was assaulting youth
- CA quashed conviction as jury had been directed mistaken to be reasonable but it need only be honest - s.76(3)
- What if D uses a pre-emptive strike?
- D can act first to prevent force
- sometimes D can take precautions, and even break the law, so he can defend himself should the need arise
- AG Ref (NO 2 of 1983) (1984) - CA held that D could make preparations in self defence when man stored petrol bombs in shops during riots
- R v Beckford (1988) - police mistakenly shot dead a suspect
- it was held not necessary to wait to be attacked
- what if D uses excessive force?
- defence will fail if D uses excessive force
- Clegg (1995) - on check-point duty who fired bullets at passing car mistakenly thinking it was terrorists, last bullet killed joy-rider
- no self-defence as final bullet shot once car had passed
- Are the defendant's characteristics relevant?
- characteristics are not relevant to whether D used reasonable force
- s76 CJIA 2008
- does not make a mention of exclusions based on psychiatric conditions and so the presumption is that they will be taken into account in future cases
- s54 Coroners and Justice Act 2009
- provides defence if self-control lost due to fear of serious violence,
- if a person Ds age and sex with a normal degree of tolerance and self-restraint and in the circumstances might have reacted the same or similar way
- provides defence if self-control lost due to fear of serious violence,
- Martin (Anthony) (2002)- shot and killed burglar as ran away and wounded other
- no self-defence, as fired at person running away.
- held to be excessive force even though D had psychiatric condition and perceived greater danger than average person
- demonstrates that self defence could be used to defend property
- definition
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