SELF DEFENCE

Question 1

r v beckford

Answer 1

Force is necessary if D believes there is an imminent threat.
D may also use pre-emptive strikes against an imminent threat.

Question 2

R v (Gladstone) Williams

Answer 2

D may make an honest mistake a threat being imminent and still have a defence.

Question 3

R v O’Grady

Answer 3

If D makes a drunken mistake about whether there is an imminent threat, he will not have a defence.

Question 4

R v Bird

Answer 4

There is no obligation to retreat, but if D fails to retreat when they could, this may suggest force was not necessary.

Question 5

76(3) Criminal Justice and Immigration Act 2008

Answer 5

Whether force is reasonable must be judged on the circumstances that D believed existed at the time.

Question 6

S76(7)(a)

Answer 6

D is not expected to weigh up exactly how much force is reasonable in the heat of the moment

Question 7

S76(7)(b)

Answer 7

If D ONLY does what they honestly and instinctively thought was necessary, this is good evidence they have acted reasonable

Question 8

R v Hussain/ R v Martin

Answer 8

Using excessive force or acting in revenge is NOT self- defence

Question 9

S76(5A)

Answer 9

In householder cases, use of force is only unreasonable if it is grossly disproportionate to the threat faced