Self-Defence

1. Necessity of Force

D must believe in the existence of circumstances which make it ______ to use force

All of D's _____ are relevant in assessing the existence of the subjective belief

D's belief needn't be true nor reasonable, but the reasonableness is relevant to assessing the existence of the belief

If D's belief is drunk and mistaken, the defence fails

.

2. Proportionality

D's force must be _____, assessed in the circumstances as D believe them to be

It is not necessary that D weighs to a nicety the exact force required

Where D does what he honestly thought was necessary, that is strong evidence of ______

There is no duty to retreat, but whether D could have retreated is relevant to assessing the existence of a genuine belief in necessity

A pre-emptive strike can be reasonable if proportionate and genuine

D may use ___ force, though not grossly so, if a) D is in a dwelling, b) D is not a trespasser, and c) D believes V is a trespasser.

The fact that D initiated the violence does not automatically disqualify D

The defence will fail if D uses violence as an excuse to justify self-defence