Self Defence Exam Technique
Self Defence (IDEA) Structure
I However, the defendant may be able to use the defence of self
defence.
D With self defence we must ask two questions.
E The first question is was force necessary? R v Gladstone Williams
(1984) states we judge whether force was necessary objectively but in
the circumstances that the D genuinely believed them to be.
E [Additional [S76(5) Criminal Justice and Immigration Act 2008 states if D makes
Legal Issues] the mistake as a result of the intoxication then the rule from
Gladstone Williams doesn’t apply.]
[R v Hussain and Another (2010) states if the victim is retreating it is
highly unlikely that you can say force was necessary.]
[R v Bird (1985) states force can still be necessary even if the
defendant used a pre-emptive strike.]
A In this case… (Apply to case).
E The second question is was force reasonable? R v Palmer (1971)
states if force is wholly out of proportion it is not reasonable. S76(6)
Criminal Justice and Immigration Act 2008 states it is not reasonable if
the force used is disproportionate. s76(3) Criminal Justice and
Immigration Act 2008 states we judge whether force is reasonable
objectively but in the circumstances that D genuinely believed them to
be.
A In this case… (Apply to case).
C Overall…
Self Defence (IDEA) Structure
I However, the defendant may be able to use the defence of self
defence.
D With self defence we must ask two questions.
E The first question is was force necessary? R v Gladstone Williams
(1984) states we judge whether force was necessary objectively but in
the circumstances that the D genuinely believed them to be.
E [Additional [S76(5) Criminal Justice and Immigration Act 2008 states if D makes
Legal Issues] the mistake as a result of the intoxication then the rule from
Gladstone Williams doesn’t apply.]
[R v Hussain and Another (2010) states if the victim is retreating it is
highly unlikely that you can say force was necessary.]
[R v Bird (1985) states force can still be necessary even if the
defendant used a pre-emptive strike.]
A In this case… (Apply to case).
E The second question is was force reasonable? R v Palmer (1971)
states if force is wholly out of proportion it is not reasonable. S76(6)
Criminal Justice and Immigration Act 2008 states it is not reasonable if
the force used is disproportionate. s76(3) Criminal Justice and
Immigration Act 2008 states we judge whether force is reasonable
objectively but in the circumstances that D genuinely believed them to
be.
A In this case… (Apply to case).
C Overall…
