​KembaraXtra-Case Law- Clegg (1995) HL - Self-Defense Principles
I. Factual Summary

• Defendant (D): Soldier on duty in Northern Ireland.
• Incident: D shot and killed the driver of a stolen car during patrol.
• D's Claim: Fired four shots in self-defense.
• Key Detail: The fourth shot was fired after the car had passed D's position.
• Trial Outcome: Self-defense plea for murder failed due to the timing of the fourth shot.
• Action: D appealed.

II. Legal Holding (Per Lord Lloyd)

​A. Self-Defense Application

• "Danger had already passed": This is the crucial factor.
• Consequence: "no question of self-defence" for the fourth shot.
• Therefore: "no question of excessive force in self-defence" could be argued.

B. Outcome of Failed Self-Defense

• No Rule for Manslaughter: "There is no rule that a defendant who has used a greater degree of force than necessary... should be found guilty of manslaughter rather than murder."
• "All or Nothing" Principle: Self-defense "is all or nothing."
  • Success: "If it succeeds, the defendant is acquitted."
  • Failure: "If it fails, he is guilty of murder."

III. Key Legal Principles & Phrases

• Self-Defence: A complete defense, but with strict conditions.
• "Danger had already passed": Critical point at which self-defense ceases to be valid.
• "Excessive force in self-defence": Only relevant if self-defense is initially applicable.
• "All or nothing": The fundamental principle governing the outcome of a self-defense plea in murder cases.
• Acquittal: Outcome if self-defense succeeds.
• Guilty of murder: Outcome if self-defense fails, even if some initial force might have been justified.