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Self-Defence


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S3 Criminal Law Act 1967
This section of this act contains public defence.
R v Jones
A case where public defence was used.
DPP v Bayer
A case where both public and private defence were available.
Palmer v R
Describes private defence, discussing the requirement for necessary and proportionate force. Also describes how a man 'cannot weigh to a nicety the exact measure of his necessary defensive actions'.
R v Bird
Discusses that one does not have a duty to retreat, but doing so will be taken into account by the jury. Pre-emptive self-defence is to be allowed.
A.G. for N.I. Reference 1 of 1975
For self-defence to be successful, the threat must have been imminent.
R v Williams (Gladstone)
This case applied the principle, stated in s3 Criminal Law Act 1967, that a defendant can succeed with this defence even if the force was not justified, needed or the D made a mistake, provided that the defendant held a genuine belief that in the circumstances force was necessary.
R v O'Grady
Self-defence based on a mistake will fail if the D was intoxicated.
R v Martin
Whilst the question of reasonable force is decided by reference to the circumstances as the defendant believed them to be, the level of force is decided objectively.
Criminal Justice and Immigration Act 2008
This act confirms the law regarding mistakes, as in R v Williams and R v O'Grady.