What section and act is self defence in?
S.3 Criminal and Justice Act 1967
What is S76 Criminal Justice and Immigration Act 2008?
Has codified the private and public defences in this area.
S76(3) CJIA 2008
What is reasonable is based on the facts as D believed them to be.
S76(4) CJIA 2008
Even if mistaken.
R v Gladstone Williams (1984)
The defendant will be judged on the facts as he genuinely believed them to be, even if he made a mistake as to the facts.
S76(5) CJIA 2008
D will not be judged according to the circumstances; they genuinely believe that the mistaken belief is due to voluntary intoxication.
Beckford (1987)
A person may use reasonable force in self-defence based on the circumstances as they honestly believe them to be.
AG’s reference (No 2 of 1983)
Self-defence can include preparing for an anticipated attack, but it must remain defensive, not agressive.
S76(6) CJIA
Force used by D will not be reasonable if it is disproportionate.
R v Clegg
If excessive force is used, self-defence will fail.
R v Hussain and Hussain
S76(7)(a) CJIA 2008
A person acting for a legitimate purpose may not be able to weight to a nicety the exact measure of necessary action.
S76(7)(b) CJIA 2008
If D does what they honestly and instinctively thought necessary, this is strong evidence that only reasonable action has been taken.
R v Bird
It is not always necessary for a defendant to retreat before using force in self-defence
Section 43 Crime and courts act 2013 amended, (5)(a) S76 CJIA 2008
to giver a wider defence to householders. In householder cases, force may be disproportionate, but must not be grossly disproportionate
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Strict liability issue of social concern7
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Mens Rea15
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Actus Reus7
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Actus Reus Causation4
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Exceptions to Ommisions6
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Arising from a recognised medical condition.5
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Things that break the chain of causation8
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Judges9
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Dimished responsabulity cases10
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Lawyers (Barristers)3
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Tribunals and ADR13
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Gross Negligence Manslaughter4
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Self Defence16
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Attempts11
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Theft41
