SELF-DEFENCE
S76 Criminal Justice & Immigration Act 2008
A person may use reasonable force to either defend
themselves or another from an attack or to protect
their property
RV Palmer
. Was it necessary to use some force
1 in these
circumstances? R v Gladstone Williams
y Pre-emptive Strike Rv Bird
↳ No defenceIf :
3D incited Rv Rashfood
↳ Psychiatric condition
.
2 Was the amount of force reasonable/proportionate ?
I must be proportionate
↳ No simple reckoning of equality
y No defence for excessive force Rv Clegg
Intoxicated but didn't mistake force : Available McGrath
Householders S76(SA) RV Martain
degree of force not to be
regarded Rv Ray
Jury must consider 5 matters :
- shock of
coming across an intruder in the house
- time of day
>
-
presence of vulnerability (especially children)
-
weapon /object used or picked up
>
-
conduct/previous conduct of the intruder
S76 Criminal Justice & Immigration Act 2008
A person may use reasonable force to either defend
themselves or another from an attack or to protect
their property
RV Palmer
. Was it necessary to use some force
1 in these
circumstances? R v Gladstone Williams
y Pre-emptive Strike Rv Bird
↳ No defenceIf :
3D incited Rv Rashfood
↳ Psychiatric condition
.
2 Was the amount of force reasonable/proportionate ?
I must be proportionate
↳ No simple reckoning of equality
y No defence for excessive force Rv Clegg
Intoxicated but didn't mistake force : Available McGrath
Householders S76(SA) RV Martain
degree of force not to be
regarded Rv Ray
Jury must consider 5 matters :
- shock of
coming across an intruder in the house
- time of day
>
-
presence of vulnerability (especially children)
-
weapon /object used or picked up
>
-
conduct/previous conduct of the intruder
