Crime CXI – Self Defense I
Self
defense is an entrenched common law defense. A person may use reasonable force
to:-
1. Stop/prevent
an attack on himself or herself
2. Stop/prevent
an attack on another person see R v Duffy (1967)
3. Stop/prevent
and attack on his or her property see R v Hussey (1924)
The
type of force that is to be used or that is allowed is reasonable force and
what amounts to reasonable force is a question of fact for the court or the
jury to decide after taking into account all the evidence that is available.
In
Moriarty v Brookes (1834) a publican tried to evict a customer who was
causing a disturbance and refused to leave. The publican put his arm around the
man’s shoulders and tried to evict the man and in doing so injured him below
the eye (there was a cut in the skin which resulted in bleeding).
‘If
the violence which occurred took place in an endeavor by the defendant to turn
the plaintiff out of the house, the third plea is proved. However, this plea
does not profess to justify any wounding; therefore, if there was a wound, the
plaintiff is entitled to recover for that. It is proved that the plaintiff was
cut under the eye, and that it bled; and I am of opinion that, that is a
wound.’
The
publican was found guilty and was deemed to have used too much force or
excessive force.
In
R v Hussey (1924) the defendant who was behind on his rent barricaded himself
in his room when the landlady and her accomplices came knocking on his door
threatening to unlawfully evict him. He fired a shot from his gun and the
bullet went through the door and the landlady was injured. The defendant was
tried and acquitted of causing bodily harm and according to the verdict the
defendant was in the same position as a man who was trying to protect his home
and therefore was entitled to use reasonable force – Lord Hewart CJ.
In
R v Duffy (1967) the defendant was justified in using reasonable force to
defend her sister not because they were siblings but because "there is a
general liberty as between strangers to prevent a felony".
As
per s.3 of the Criminal Law Act (1967) a person may also use reasonable force
to prevent a crime and to assist in the lawful arrest of offenders or suspected
offenders. The act reads as follows:-
(1)
A person may use such force as is reasonable in the circumstances in the
prevention of crime, or in effecting or assisting in the lawful arrest of
offenders or suspected offenders or of persons unlawfully at large.
(2)
Subsection (1) above shall replace the rules of the common law on the question
when force is used for a purpose mentioned in the subsection is justified by
that purpose.
Copyright
© 2019 by Dyarne Ward
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