Self-Defence Flashcards
R v Bullerton
May use self-defence in respect of his person or property, but not peace of mind
R v Gladstone Williams
Trigger must be judged according to the facts as the defendant believed them to be
R v Hatton
Cannot rely on drunken mistake due to voluntary intoxication as to necessity to use force
R v Beckford
Circumstances may justify a pre-emptive strike
Devlin v Armstrong
May ward off or prevent an attack which the defendant honestly anticipated (must be imminent)
R v Bird
No duty to retreat if faced with force, but may be taken into account when deciding if force was reasonable - defendant must demonstrate he does not want a fight
R v Forrester
Defendant may use self-defence if he is the aggressor
R v Keane and McGrath
Self-defence available to aggressor where victim’s response is so out of proportion that the roles are effectively reversed
R v Hichens
Force may be used against a third party
R v Orwino
Objective test as to whether force used was reasonable, but judged according to facts as the defendant believed them to be, even if mistaken (unless drunk)
Reed v Wastie
Should not use jeweller’s scales to determine whether the force was reasonable
Ex parte Denby Collins
Householder cases - force used is not reasonable if it is ‘grossly disproportionate’
R v Clegg
Self-defence as an all or nothing defence
