AQA A2 Law Unit 3 - Evaluations - Self Defence

The law favours the defendant

The defence is allowed if D is mistaken to the circumstances, as long as it's an honest mistake

Gladstone Williams - Did not recognise the quick reaction people have when afraid

Bird - Able to make the first blow (Imminent)

Beckford  - " Circumstances may justify a pre-emptibe strike" 

Reasonable force

 Palmer - force used does not have to be proportionate ( Cannot know exact measure of necessary force) 

• Law is not clear on the necessary (Reasonable) level of force

Martin - Led to clarify the term 'reasonable' ( Psychiatric condition not considered) 

• Reasonableness is subjective to each case

Case links to an all or nothing situation ( Life sentence or not)

• Reform - C and J Act = Loss of control excessive force used when D feels under threat of violence 

Munir Hussain  - Force used disproportionate to action ( Public concern on what a person can do to protect their home and family) 

Reforms 

S76 of CJ and Immigration Act - Clarify self defence 

• Confirms decision made in case law
• Does not clarify which characteristics are relevant to the defence

S148 of Legal Aid, Sentencing and Punishment of Offenders Act

• Bird, no need to retreat first - placed into law
• Can use reasonable force to defend property

Greater protection for householders, who attack intruders - any amount of force acceptable unless ' Grossly Disproportionate' ( Stabbing unconcious intruder)