Self-defence

Question 1

What is included in term self-defence?

Answer 1

• protect themselves
• protect someone else
• protect property
• prevent a crime
• assist in arrest of an offender

common law defence supplemented by statutory defence

cannot be used to protect against psychologocial harm

Question 2

When can self-defence be used?

Answer 2

To protect yourself or another or property from imminent attack (e.g., threat of physical force)

• if D honestly believed that use of force was necessary = trigger
• and D’s level of force used in response was objectivelty reasonable in circumstances D believed to be = response

= prosecution is to disprove D acted in self-defence
= either D will be acquitted by self-defence or defence will fail

defence is found in common law and criminal justice and immigration act

Question 3

Trigger: D honestly believed use of force was necessary?

Answer 3

• D to be judged as they subjectively held facts to be, regardless if belief is reasonable or not
• immaterial if they were mistaken so long as they honestly believed force was necessary

Question 4

Mistake induced by voluntary intoxication?

Answer 4

• if mistaken belief is due to voluntary intoxication of D, then D will not be able to rely on their mistake - despite whether crime is specific or basic intent = defence falls

Question 5

Anticipatory self defence?

Answer 5

• D can make the first blow and still rely on defence

no duty to retreat in English law but if D had opportunity to, it may be regarded as a factor

Question 6

Self-defence may be used by an antagonist and by an innocent third-party?

Answer 6

• where D was initial agressor, defence may still be available considering D honestly believed use of force was necessary to defend themselves and amount of force was reasonable
• where D used reasonable force against innocent third party to prevent crime being committed by someone else to protect themselve or someone else

Question 7

Response: level of force used was objectievly reasonable?

Answer 7

Held that leveal of force reasonable by CJIA will depend on circumstances in which the force is used:
* non-householder cases
* householder cases

Question 8

What is non householder cases?

Answer 8

Idea that force will not be reasonable if it was disproportionate
* D must be judged in the circumstances as they believed them to be AND also on danger they believed it to be - as such, jury must decide if force used was:
- objectively reasonable given the facts as D
- subjectively believed them to be

Question 9

In deciding was is disproportionate, what does the jury take into account?

Answer 9

Jury must account that:
* a person acting for a legitmate purpose may not be able to weigh to a nicety the exact measure necessary
* and so evidence of persons having only done what they honestly thought was necessary for a legitmate purpose constitutes strong evidence that only reasonable action was taken by that person

Question 10

What is a householder case?

Answer 10

Idea that force will not be reasonable if it was grossly disproportionate - Jury must be asked
* if force was grossly disporportionate in circumstances as D believed them to be = if so, no defence
* if not, whether level of force was reasonable

Question 11

When is a case a householder case?

Answer 11

• D relies on common law defence of self-defence - protecting yourself or another but not protecting property, preventing a crime or assisiting arrest of an offender
• D uses force while in or partly in a building
• D is not a trespasser at time force is used
• and believed V to be in or entering the building or part as a trespasser

= everything outside of this is a non-householder case