The defence of self-defence Essay Example | Topics and Well Written Essays - 1250 words

The defence of self-defence - Essay Example An individual is allowed in the eyes of the statutory defence to make use of reasonable force in an attempt to avoid committing a crime in such situations in which the individual cannot use the common law to avail himself. It is for the jury to decide as ordinary members of the community what exactly can be qualified as reasonable force in a certain case considering its individualistic facts. Ross is physically a very strong man, and he needed to protect himself not only against the first attempt of Samantha to injure or kill him but also her subsequent attempts. He needed to use at least as much force that would help him achieve that. His use of force did not instantly cause the death of Samantha. Therefore, Ross is innocent in the case of Samantha’s death. The defence of self-defence In the case under consideration, although Ross may be blamed for killing David, yet the blame that has been placed on him for killing Samantha is not right because what he did was an attempt to defend himself from the harm that Samantha was just about to cause him with her golf club. Self-defence makes a very important part of the English law’s doctrine of private defence. Ross should not be found guilty of the murder of Samantha and the defence of self-defence should have been put to the jury. ... English law has self-defence as a complete defence of justification in any case that includes any kind of assault. This makes self-defence unlike the loss of control that applies just for the mitigation of what would be classified as murder to manslaughter otherwise. Unlike loss of control, self-defence is a complete defence. Because of this completeness, the interpretation of self-defence is done in a comparatively conservative manner in order to avoid the development of a justification standard that is too generous. Increasingly forgiving defences provide the cynical defendants with greater incentives of the defence’s exploitation in their planning of the use of violence as well as when they have to make an explanation of the matters following the incident. Jury in the cases involving self-defence are entitled to consider the defendant’s physical characteristics, though such evidence does not have much probative value in reaching the decision if excessive force was im plied. According to the principle of general common law, â€Å"A defendant is entitled to use reasonable force to protect himself, others for whom he is responsible and his property. It must be reasonable† (Beckford v R (1988) 1 AC 130 cited in Smart Self Defence, 2011). In the case under consideration, Ross is a heavy man who is more than six feet in height whereas Samantha is petite with a total height of only five feet and three inches. Ross’ above average physical structure and excessive strength in comparison to Samantha along with Samantha’s below average height may give Ross some advantage in the eyes of law since not only Ross was too powerful, but also Samantha was too petite in