Self-defence, duress and necessity

Overview

Recall questions on self-defence, including honest and mistaken belief, reasonable force, intoxication, pre-emptive strikes and retreat, on the subjective and objective tests for duress by threats and its limits, on duress of circumstances, and on necessity.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   How is the defendant's belief that force was necessary assessed in self-defence?

   Model answer

   It is judged subjectively from the defendant's perspective — the defendant must have an honest belief that force was necessary.

2. 2

   What standard must the force used in self-defence meet?

   Model answer

   The force must be reasonable in the circumstances as the defendant believed them to be.

3. 3

   Who determines whether the force used was reasonable, and how is this assessed?

   Model answer

   The jury determines this objectively, considering what a reasonable person would do in the circumstances the defendant believed existed.

4. 4

   Can a defendant rely on self-defence if they were mistaken about the need for force?

   Model answer

   Yes, provided the belief was genuinely held, even if it was mistaken.

5. 5

   Can a defendant rely on self-defence if their mistaken belief arose from voluntary intoxication?

   Model answer

   No, a mistaken belief induced by voluntary intoxication cannot support a claim of self-defence.

6. 6

   Are pre-emptive strikes ever lawful in self-defence?

   Model answer

   Yes, if the defendant honestly believed an attack was imminent.

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