Self-Defence

Question 1

Define Self Defence

Answer 1

• A complete defence to all crimes
• D is not guilty if they used reasonable force in self-defence

Question 2

What are the 3 elements that must be established for self-defence

Answer 2

• Permitted purpose
• Necessity of Force
• Reasonableness of force

Question 3

Explain Permitted Purpose

Answer 3

D must be acting to: Protect themselves, Protect property, Prevent a Crime

Question 4

Explain Necessity of Force

Answer 4

• Was it necessary to use force at all
  Subjective Test:
• What did D honestly believe was happening
• Even if mistaken, D can still rely on the Defence

Question 5

Give a Case for Necessity of Force for striking first

Answer 5

Beckford v R - D can strike first if they honestly believe the attack is imminent

Question 6

Explain Reasonable Force

Answer 6

• Was the force used reasonable in the circumstances
• What D believed (Subjective Test)
• Whether force was reasonable (Objective Test)

Question 7

Give two Cases for Reasonable force

Answer 7

R v Palmer - In the heat of the moment, D may not be able to weigh force exactly.
R v Clegg - If force is excessive, the defence fails

Question 8

Explain Self Defence is Householder cases

Answer 8

• When defending your home, a higher level of force is allowed.
  R v Ray: Force is acceptable unless it is Grossly Disproportionate