SQE Daily.

Self-defence in a householder case: grossly disproportionate force (CJIA 2008, s.76(5A))

At 1am Rahul Mehta, at home in Leicester, comes downstairs and finds an intruder, Shane, in his kitchen. Shane turns towards the back door. Frightened, and believing that Shane might turn on him, Rahul hits him twice with a heavy torch, breaking his arm. Rahul is charged with inflicting grievous bodily harm and relies on self-defence. It is accepted that this is a 'householder case' within s.76(8A) of the Criminal Justice and Immigration Act 2008.

Which of the following best describes how the jury should approach the degree of force Rahul used?

Choose one answer to see the reasoning.

  1. Criminal Law · FLK2No. L058

    Consent to actual bodily harm for sexual gratification (Domestic Abuse Act 2021, s.71)

    Which of the following best describes whether Sam's consent prevents Elliot being guilty of the s.47 offence?

  2. Criminal Law · FLK2No. L074

    Voluntary intoxication: specific and basic intent (DPP v Majewski)

    Which of the following best describes the relevance of Tyrone's intoxication?

  3. Tort · FLK1No. L262

    Effect of contributory negligence on damages (Law Reform (Contributory Negligence) Act 1945 s.1)

    Which of the following best describes the effect of Faisal's fault on his claim?