What type of defence is Self Defence?
A complete defence to all crimes where fore is needed to defend people property or to prevent crime
What are the types of Self Defence?
- Self Defence (s76 CJIA 2008)
- Property defence (Criminal Damage Act)
- Crime Prevention (s3 Criminal Law Act)
What are the steps to prove Self Defence?
- Was Force Necessary?
- Was force Reasonable?
How is Necessary Force established?
- with cases
Judged on the facts as D honestly believed them to be
- R v Hussain
- R v Clegg
How are mistake considered in necessity of force?
- With cases
Can be successful regardless or unreasonableness of belief of situation
- R v Williams
Intoxicated mistakes not considered
- R v O’Grady
Mental illness related mistakes are considered
- Oye
How are Pre-emptive strikes considered in Necessity of Force?
- With Cases
They are permitted
- R v Beckford
Is there a duty to retreat?
- With Cases
No - R v Bird
How is being the initial aggressor considered in necessity of force?
- With cases
Can be permitted
- R v Rashford
How is Reasonableness of Force established?
- with cases
Whether D used force (objectively) reasonable in the circumstances they (subjectively) believed them to be.
- R v Owino
How is reasonable force considered for householders?
Was use of force ‘Grossly disproportionate in the circumstances?’ - s76 CJIA 2008
- R v Ray
