Self Defence

Question 1

1) S76 of the Criminal Justice and Immigration Act:

Answer 1

1) Was the use of force necessary in the circumstances?
2) Was the force used reasonable in the circumstances?

Question 2

2) Was the force necessary in the circumstances?

Answer 2

This is a subjective test
D judged on facts as they believed it.

Question 3

Mention if in scenario

Answer 3

Mistake and self defence;
Judged to as D believed them even if mistake or unreasonable (R v Williams)

Effect of mental conditions;
D’s genuine belief can still include delusions from conditions (R v Oye)

Mistake, Self defence and Intox;
Cannot use the defence of self defence whilst being intoxicated and committing a mistake (O’Grady)

Pre-emptive Strike;
There is no duty to retreat before using force. Shown in R v Bird

Defendent is initial aggressor;
Self defence can still be used if the victims force is disportionate but cannot be a defence if defendent uses it as an excuse for violence (Rashford)

Question 4

3) Was the force used reasonable in the circumstances?

Answer 4

Force used must be reasonable. If stated excessive then the defence will fail

S76 Criminal Justice and Immigration act states the level of force must be judged objectively but in circumstances of D ( R v Press and Thompson)