Self Defence: S3 Criminal Law Act 1967

A person may use such force as is reasonable in the circumstances in the prevention of a crime
Was the use of force necessary?
1. Hussain, jury will look at the facts from point of view of defendant
2. S76 Criminal Justice and Immigration 2008, where D makes genuine mistake as to facts they must be judged according to facts as they believed them to be
3. O'Grady, D can not rely on nay mistaken belief if mistake is made due to D being voluntarily intoxicated
4. Beckford, D doesn't have to wait for an attack before they use force, pre-emptive strike
Was the force used reasonable in the circumstances?
1. S76 Criminal Justice and Immigration 2008, a person acting for a legitimate purpose may not be able to weigh to a nicely the exact measure of the necessary action
2. Clegg, if any force is excessive the defence will fail
3. if its revenge/retaliation no defence
4. Martin, it is not appropriation to take account whether D suffered a psychiatric condition, when deciding if force was reasonable
5. Crime and Courts Act 2013, rule differs for a householder when an intruder enters their property

Resource summary

	Created by beccehjane over 9 years ago