7727410
Self defence/
Prevention of crime
- Common law defence of
self defence/ defence of
another
- Complete defence,
acquittal if successful
- Complete defence,
acquittal if successful
- Statutory defence of
prevention of crime:
s.3 CLA 1967
- Complete defence,
acquittal if successful
- Complete defence,
acquittal if successful
- Defences to any
crime of which
the use of force
is an element.
- Burden is on the
prosecution to
disprove it beyond
reasonable doubt
- Burden is on the
prosecution to
disprove it beyond
reasonable doubt
- Was the use of force
necessary?
- D is not under a duty
to retreat if faced with
threat from another
- Possibilty of retreat is a factor
to determine whether the use
of force was necesary: s.76 (6a)
CJIA 2008: HUSSAIN AND
ANOTHER
- Possibilty of retreat is a factor
to determine whether the use
of force was necesary: s.76 (6a)
CJIA 2008: HUSSAIN AND
ANOTHER
- D does not have to wait to
be attacked before he can
defend himself
- He may make a pre-emptive
strike or make preparations to
defend himself if he
apprehends an attack:
ATTORNEY-GENERAL'S
REFERENCE (NO.2 OF 1983)
(1984)
- He may make a pre-emptive
strike or make preparations to
defend himself if he
apprehends an attack:
ATTORNEY-GENERAL'S
REFERENCE (NO.2 OF 1983)
(1984)
- If D genuinely made a
mistake about being
threatened or needing to act
to prevent crime, he is judged
on the facts as he believed
them to be
- This is so even if the
mistake is
unreasonable: s.76 (3)
CJIA 2008: O'GRADY
- This is so even if the
mistake is
unreasonable: s.76 (3)
CJIA 2008: O'GRADY
- Question of fact for
the jury to decide
- D is not under a duty
to retreat if faced with
threat from another
- Was the amount of force
used reasonable in the
circumstances?
- Question of fact for
the jury to decide
- In householder cases, the
degree of force used against
a burglar will not be
reasonable if it was grossly
disproportionate in the
circumstances: s.76 (5a) CJIA
2008
- In all other cases, force will not be
reasonable if it was
disproportionate in the
circumstances: s.76 (6) CJIA 2008
- D may not be able to
weigh to a nicety the exact
measure of any necessary
action: s.76 (7) (a) CJIA
2008
- Where D only did what he
honestly and instinctively
thought was necessary is
strong evidence that only
reasonable action was
taken: s.76 (7 (b) CJIA 2008
- If D genuinely made a
mistake about the degree
of force to use in
self-defence or prevention
of crime, he is to be judged
on the facts as he believed
them to be, even if they
were unreasonable: s.76 (3)
- A mistaken belief caused by D's
voluntary intoxication is not
sufficient: s.76 (5) CJIA 2008
- A mistaken belief caused by D's
voluntary intoxication is not
sufficient: s.76 (5) CJIA 2008
- The amount of
force D uses must
not be excessive:
MARTIN
- In deciding whether
the force used was
reasonable,
psychiatric
conditions must be
ignored: MARTIN
- Question of fact for
the jury to decide
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