ABSTRACT

Self-defence is a complete defence to any offence the constituent element of which is an assault. It is well recognised at common law126 that the use of reasonable force can found a defence. The court will require to be satisfied127 that the accused was subject to imminent danger, and used such force as was reasonable in the circumstances in defending him or herself. The concept of imminence is crucial, and will remove from the scope of the defence all cases other than those where an actual assault is taking place, or, the courts have decided, cases where such an attack is anticipated imminently.128 The potential to extend the defence to anticipated attacks is limited by one overriding consideration, namely, was the force used in self-defence reasonable? It is difficult to envisage many, if any, cases where force can be justified to repel an assault before it has commenced.