Self Defence

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  • Created by: Janki
  • Created on: 10-01-15 18:01
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  • Self Defence
    • NECESSARY -subjective
      • MISTAKE
        • D should be judge according to his genuine mistaken view of the facts
          • Williams - an honest but not necessarily reasonable mistake is still a defence
          • O'Grady - not entitles to rely upon a mistake of fact by voluntary intoxication
          • Hatton - drunken mistake of fact not valid to murder either
      • 1) Did D honestly believe that they had to use force to protect themselves?
        • Beckford - the defendants beliefs must be honest if not necessarily reasonable (even if mistaken)
        • can also be to defend another
      • 2) Was there an opportunity to retreat that they did not take?
        • McInnes - if there was a chance to retreat and D did not take it, the defence is not removed by the judge, but may weaken it in the eyes of the jury
        • D's instincts should be to avoid confrontation
      • 3) Was the threat immediate?
        • Attorney General's Reference No2 1983 - shop keeper kept petrol bombs in shop to protect it from rioters (accepted)
        • If D feels they are about to be attacked, pre-emptive action will suffice
    • REASONABLE - objective
      • Munir Hussain case - cannot be used where all danger is over
      • Palmer - 'a person who is being attacked should not be expected to weigh to a nicety the exact measure of his necessary defensive action' - force may not always be directly proportionate; as the situation is one of distress
      • Excessive force
        • Owino - whether the amount of force used was reasonable is decided by the jury
        • Clegg- not reasonable force as there was no danger when he fired the shot

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