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Self-defence


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Criminal Law Act 1967 s3
Outlines statutory self-defence
McInnes [1971]
Established that the rules for the common law self-defence are the same as the statutory powers
Common Law
Only applies to crimes of violence
Statute
Can use reasonable force in the prevention of any crime
Jones [2006]
Crime in the context of s3 means any crime in English domestic law
Criminal Justice and Immigration Act 2008 s76
Outlined 'reasonable force' for statute and common law
Williams [1987]
The test of reasonable force is objective. Reasonable person in the circumstances of accused used the same amount of force?
Palmer v R [1971]
The courts recognise that D often has no time to consider reaction
CJIA 2008 s76(7)(a)
Puts ruling in Palmer v R [1971] on a statutory footing
AG Ref No 2 of 1983 [1984]
Self-defence requires apprehension of an immediate attack, although this does not preclude a pre-emptive attack providing that the attack is imminent
Bird [1985]
The possibility of retreat is to be taken into consideration
Owino [1996]
If D knows the facts but is mistaken as to the amount of force the law permits in that situation, there is no defence