Case link: Self-defence – mistaken belief – Beckford v The Queen [1987] UKPC 1

pigsty“On 28 March 1985 the appellant was convicted of murder and sentenced to death. On 10 October 1985 the Court of Appeal of Jamaica dismissed his appeal against conviction, and gave leave to appeal, certifying the following question as being of exceptional public importance:

‘1.(a) Must the test to be applied for self defence be based on what a person reasonably believed on reasonable grounds to be necessary to resist an attack or should it be what the accused honestly believed?

1.(b) Where, in the instant case, on a trial of an indictment for murder the issue of self defence is raised is it a proper direction in law for the Jury to be told by the trial Judge: A man who is attacked in circumstances where he reasonably believes his life to be in danger or that he is in danger of serious bodily injury may use such force as on reasonable grounds he thinks necessary in order to resist the attack and if in using such force he kills his assailant he is not guilty of any crime even if the killing is intentional?’”

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Case link: Self-defence – lawful object – Attorney-General’s Reference No 2 of 1983 [1984] EWCA Crim 1

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“The question referred by Her Majesty’s Attorney General to this Court for consideration is as follows: “Whether the defence of self-defence is available to a defendant charged with offences under section 4 of the Explosive Substances Act 1883 and section 6k of the Offences Against the Person Act l86l”

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Lecture presentation: Self-defence and prevention of crime

This recorded lecture presentation covers the defences of self-defence, defence of others, defence of property and prevention of crime. Topics include: mistakes and self-defence including drunken mistakes and mistakes as to the level of danger; the meaning of ‘reasonable force’ and the role of judge and jury; pre-emptive strikes; ‘self-induced’ self-defence; defence against non-criminal acts; the offences to which these defences may be raised’ and the relationship between self-defence and duress of circumstances; the effect of a successful plea; proposals for reform.

Principal authorities referred to: s3(1) of the Criminal Law Act 1967; Palmer v R (1971); Scarlett (1994); Owino (1996); Attorney General for Northern Ireland’ Ref (No. 1 of 1975) (1976); Devlin v Armstrong (1971); Martin (2002) Shaw (2001); Beckford (1988); Attorney General’s reference (No. 2 of 1983) (1984); Rashford (2005); Burns v HM Advocate (1995); Johnson (1989); Williams (Gladstone) (1987); DPP v Bayer; Faraj (2007); Re A (Conjoined Twins) (2001); Renouf (1986); Blake v DPP (1933); Conway (1989); Symonds (1998); Clegg (1995); O’Grady (1987); Hatton (2005) and more…

The total lecture time is 63 minutes.

To test your knowledge it includes multiple choice questions and concludes with a 22 question test.

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