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.

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

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)

• 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