Self Defence
Self Defence Elements Explanation
Was Force Necessary R v Gladstone Williams (1984): We judge whether force is
necessary objectively but in the circumstances that D genuinely
believed them to be.
Additional Cases:
> S76(5) Criminal Justice and Immigration Act 2008: If D makes
the mistake as a result of the intoxication then the rule from
Gladstone Williams doesn’t apply.
> R v Hussain and Another (2010): If the victim is retreating it is
highly unlikely that you can say force was necessary.
> R v Bird (1985): Force can still be necessary even if the
defendant used a pre-emptive strike.
Was Force Reasonable R v Palmer (1971): Wholly out of proportion
S76(6) Criminal Justice and Immigration Act 2008: Not
reasonable if the force used is disproportionate.
S76(3) Criminal Justice and Immigration Act 2008: We judge
whether force is reasonable objectively but in the circumstances
that D genuinely believed them to be.
Self Defence Elements Explanation
Was Force Necessary R v Gladstone Williams (1984): We judge whether force is
necessary objectively but in the circumstances that D genuinely
believed them to be.
Additional Cases:
> S76(5) Criminal Justice and Immigration Act 2008: If D makes
the mistake as a result of the intoxication then the rule from
Gladstone Williams doesn’t apply.
> R v Hussain and Another (2010): If the victim is retreating it is
highly unlikely that you can say force was necessary.
> R v Bird (1985): Force can still be necessary even if the
defendant used a pre-emptive strike.
Was Force Reasonable R v Palmer (1971): Wholly out of proportion
S76(6) Criminal Justice and Immigration Act 2008: Not
reasonable if the force used is disproportionate.
S76(3) Criminal Justice and Immigration Act 2008: We judge
whether force is reasonable objectively but in the circumstances
that D genuinely believed them to be.
