General Defences

Question 1

What is the general defence of self-defence?

Answer 1

Self-defence is a general defence used where a defendant uses force to protect themselves, another person, or property. If successful, it results in a full acquittal.

Question 2

Which areas of law can self-defence apply to?

Answer 2

It applies to both crimes against the person and certain property offences.

Question 3

What two key elements must be proven for self-defence to succeed?

Answer 3

1. the force was necessary
2. the force used must be reasonable

Question 4

How is “necessity of force” determined?

Answer 4

The jury asks whether the defendant honestly believed force was necessary, even if that belief was mistaken.

Question 5

Which case shows that an honest mistake can make force necessary?

Answer 5

R v Williams - A mistaken belief can be relied upon if it was honestly held, even if unreasonable.

Question 6

Does the defendant have a duty to retreat before using force?

Answer 6

No. there is no duty to retreat, but attempting to retreat can support the argument that force was necessary.

Question 7

Which case shows that pre-emptive strikes can be allowed

Answer 7

R v Beckford - A person may use force to defend themselves if they honestly believe an attack is imminent

Question 8

What does “reasonable force” mean?

Answer 8

The force use mist be proportionate to the threat as the defendant honestly believed it to be.

Question 9

Who decides whether the force used was reasonable?

Answer 9

The jury, using the objective standard of the “reasonable person”.

Question 10

Which case explains that the defendant does not need to “weigh to a nicety” the exact amount of force?

Answer 10

R v Palmer - the law recognises that decisions in emergencies may be instinctive, and some leeway is given.

Question 11

Can excessive force ever be considered reasonable?

Answer 11

No. If the defendant uses grossl execessive force, the defence fails (especially relevant in murder)

Question 12

How did the case of R v Martin apply excessive force?

Answer 12

The defendant shot burgulars with execessive force; the court ruled it was disproportionate, so self-defence failed.

Question 13

Can self-defence apply if force is used against an innocent person?

Answer 13

Yes, if the defendant honestly but mistakenly believed force was necessary (R v Williams)

Question 14

What does the Criminal Justice and Immigration Act 2008 state about reasonable force?

Answer 14

It confirms that force is reasonable if it is proportionate and the defendant acted instinctively based on an honest belief of the circumstances.

Question 15

Are householders given extra protection when facing intruders?

Answer 15

Yes, under the Crime and Courts Act 2013, householders may use disproportionate (but not “grossly disproportionate”) force when confronting intruders at home.