self- defence

Question 1

What are the 3 types of conduct?

Answer 1

• Justified (The crime is justified in the circumstances)
• Exempted (Child under 10 for example)
• Excused ( not justified, duress)

Question 2

2 types of defences?

Answer 2

• complete

- Partial

Question 3

Why does self-defence exist?

Answer 3

• We have to allow people to protect themselves when police cannot be available at all times.

Question 4

What are the 2 stages of self- defence?

Answer 4

1- Honest belief of necessity to use force
- can be mistaken belief
2- Reasonable use of force

Question 5

R v Williams 1987

Answer 5

• saw 2 people fighting and went and punched on of them but accidentally punched the man being mugged
• Successfully raised the defence

Question 6

What happens if your mistaken belief comes from intoxication?

Answer 6

• Not absolved from liability

Question 7

R v O’grady 1987

Answer 7

• He had a few drinks, fell asleep and when woke thought he was been attacked so struck someone with some glass
• Went to make V lamb chop and when he came back they were dead.
• Voluntary intoxication so couldn’t use defence

Question 8

What is the subjective element?

Answer 8

• Reasonable use of force is subjective to the individual

Question 9

What is the objective element?

Answer 9

• Objective to what the reasonable man would do in the circumstances that prevailed

Question 10

Self- defence can be found in both common law and 2 other pieces of statute

Answer 10

• The Criminal Law Act 1967

- Criminal Justice and Immigration Act 2008

Question 11

What does S3(1) of the Criminal Law Act 1967 say?

Answer 11

‘A person may use force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large’

Question 12

What does s76(1b) of the criminal justice and immigration act 2008 say?

Answer 12

‘The act applies where the question arises whether the degree of force used by D against the V was reasonable in the circumstances.’

Question 13

R v Oye 2013

Answer 13

• Attacked police officers believing they we’re evil spirits and argued he had an honest belief
• The jury could not determine what was reasonable of that of an insane person.
• Appeal dismissed because self-defence is a complete defence and mentally ill people should not be able to avoid hospital treatment
• Should have to use diminished responsibility instead

Question 14

what does section 76(6) criminal justice and immigration act 2008 say?

Answer 14

-‘ Excessive force is not reasonable force’

Question 15

R v Palmer 1971

Answer 15

• Shot 2 men who were chasing him with sticks and stones
• ‘D’s are not expected to weigh the niceties of the exact use of force that might be proportionate’
• However conviction was upheld as force was not proportionate

Question 16

What is the householders defence?

Answer 16

• When someone is in their own home faced with an attacker more needs to be done to protect individuals from liability

Question 17

What was amended in section 76 criminal justice and immigration act 2008?

Answer 17

• ‘Force did not have to be reasonable in the circumstances but instead not grossly disproportionate in those circumstances’

Question 18

R v Hussain and others 2010

Answer 18

• two men had attacked and seriously injured a burglar in a revenge attack as he was escaping.
• The case in relation to the victim of the burglary was truly exceptional, and there was ample justification for ordering that his sentence of two years and six months’ imprisonment be reduced to 12 months suspended for two years
• This case lead to the amendments in section 76