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Genuine belief - 2 men had been in the house. She thought they were part of the loud group watched boxing match and were there to cause her harm/ steal the property.

Tussling and he got the knife off her.

Mistaken but her belief was genuine, bearing in mind previous incident with Gav. (Williams Gladstone s76(4b)

Pre - emptive strike

P - He didn't have a weapon

Amount force - s76(5A) - as long as its not grossly disproportionate and she had a need to act (Collins) then is would be reasonable for. He is man - so it isn't

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Offence 2 - Stabbed in the arm - s18 . Eisenhower Intended serious harm. 

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Offence 2 - Stabbed in the arm - s18 . Eisenhower Intended serious harm. 

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Self defence -

Justified/necessary - s76(3)

D- Instinctive in moment of unexpected anguish (s76(7)

- Wasn't wearing glasses

Her honest opinion is that she needs to stop Gav from coming back, possibly with other men as she is in danger along with the friend's property.

Pre-emptive strike

Imminent threat - Abdul Hussain

P - Retreat - s76(6A) he has left, could locked door and called the police. He is unarmed.

Revenge for him coming into the house and frightening her

Mistake - Williams (Gladstone)

2) Reasonable force? Disproportionate s76(6)

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Fagan - definition

Venna - Intention

Self defence -

Protecting herself and her friend's property - common law

1) Necessary/justified - subjective

Defendant raises as defence

P - disprove beyond reasonable doubt.

s76(3) - Fundamental principle - What were the circumstances as she believed them to be.

s76(4) - Genuine belief?

D -

Imminent danger as she is not in her home and she is in the city - not used to loud noises - finds cities threatening

Heard breaking glass

Saw man in kitchen

Isn't wearing her glasses

Anxiety + lack of sleep +medication diagnosed - psychosis - thought she had to act? can't plead self defence - Ray. Would plead Insanity (see next seminar)

Dark

Previous heard men shouting and they had watched a boxing match.

P - Should have gone back upstairs and called the police

Retreated? s76(6A) - Bird

Mistake - s76(4)(a) (Williams (Gladstone)

s76(7) - only acting honestly and instinctively in a 'moment of unexpected anguish'(Palmer) so she couldn't weight to a nicety the exact measure of any necessary action.

Pre-emptive - shouting (Beckford)

2) Amount of force- Objective

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Link to Article by Mark Thomas -Defenceless Castles: The Use of Grossly Disproportionate Force by Householders in Light of R (Collins) v Secretary of State for Justice [2016] EWHC 33 (Admin)

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Link to Article by Mark Thomas -Defenceless Castles: The Use of Grossly Disproportionate Force by Householders in Light of R (Collins) v Secretary of State for Justice [2016] EWHC 33 (Admin)

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Amanda was house-sitting over the weekend for her friend Rachael.  Usually, Amanda lived in quiet coastal town.  Rachael’s house was in a large city.

Amanda was not really a city person – she found cities too busy and sometimes quite threatening.  However, she had agreed to stay in Rachael’s house in order to feed Rachael’s cats.  Amanda had been having a difficult time with her girlfriend and had just been prescribed some medication for anxiety. She thought a break-away might do her some good.

Amanda had not had much sleep on Friday night.  There had been a boxing match showing on the TV at the local working men’s club and there were a lot of men out and about the streets around Rachael’s house.  Amanda had felt very nervous and had taken one of Rachael’s kitchen knives upstairs with her and put it under her bed to make her feel a little safer.

She was very tired by 10pm on Saturday night so she decided to go to bed.  She dropped off quickly but around 11pm she was woken by the sound of breaking glass downstairs.  Without putting her glasses on, she grabbed the kitchen knife and went downstairs.  She saw a large man (Gav) standing in the hallway – without her glasses on, she could not see much more than that.  Terrified, she yelled at him to ‘get the hell out’ and rushed towards him with the knife.

The man ran out of the house onto the pavement outside.  Not really being able to see very well and very scared, Amanda stabbed him in the arm, causing a deep cut.

Amanda ran back inside the house but, to her horror, saw another man (Dev) standing in the doorway. As Dev went to grab the knife from Lucy, a struggle ensued, with both Dev and Amanda ending up back inside the house.  Amanda, free from Dev’s grasp just for a second, stabbed him; fatally wounding him.

It turned out that Gav was Rachael’s boyfriend, who had used his spare key to get into Rachael’s house.  Rachael had forgotten to tell him that Amanda was looking after the cats – he had gone into feed them on his way back from the pub.  The breaking glass was the sound of him knocking a vase off a small table.  Dev was his brother.

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76 Reasonable force for purposes of self-defence etc.E+W+N.I.

(1) This section applies where in proceedings for an offence-

(a) an issue arises as to whether a person charged with the offence ("D") is entitled to rely on a defence within subsection (2), and

(b) the question arises whether the degree of force used by D against a person ("V") was reasonable in the circumstances.

(b) the defences provided by section 3(1) of the Criminal Law Act 1967 (c. 58) or section 3(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)) (use of force in prevention of crime or making arrest).

(3) The question whether the degree of force used by D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be, and subsections (4) to (8) also apply in connection with deciding that question.

(4) If D claims to have held a particular belief as regards the existence of any circumstances-

(a) the reasonableness or otherwise of that belief is relevant to the question whether D genuinely held it; but

(b) if it is determined that D did genuinely hold it, D is entitled to rely on it for the purposes of subsection (3), whether or not-

(ii) (if it was mistaken) the mistake was a reasonable one to have made.

(5) But subsection (4)(b) does not enable D to rely on any mistaken belief attributable to intoxication that was voluntarily induced.

(7) In deciding the question mentioned in subsection (3) the following considerations are to be taken into account (so far as relevant in the circumstances of the case)-

(a) that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action; and

(b) that evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.

(8) [ Subsection (7) is ] [ Subsections (6A) and (7) are ] not to be read as preventing other matters from being taken into account where they are relevant to deciding the question mentioned in subsection (3).

For the purposes of this section "a householder case" is a case where-

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.

" forces accommodation " means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act. ]

(ii) the prevention of crime or effecting or assisting in the lawful arrest of persons mentioned in the provisions referred to in subsection (2)(b);

(b) references to self-defence include acting in defence of another person; and

(c) references to the degree of force used are to the type and amount of force used.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

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Criminal Justice and Immigration Act 2008

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An Act to make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to make further provision about the management of offenders; to amend the criminal law; to make further provision for combatting crime and disorder; to make provision about the mutual recognition

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Copy of Self-defence and prevention of crime

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Self-defence and prevention of crime Pre-emptive strike Attorney General's Reference (No 2 of 1983) Concerned property would be attacked so made petrol bombs. Rejected that self defence was not open to him - acquitted Beckford What is reasonable force? Cof A confirmed 'a man

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Link to video with Tony Martin from 1:17

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Link to video with Tony Martin from 1:17

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Tony Martin Interview (Norfolk Farmer) Summer 2018