Self-defence Flashcards

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1
Q

What type of self-defence falls under common law?

A

Self-defence and defence of property

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2
Q

What statute amends common law self-defence?

A

Criminal Justice and Immigration Act 2008

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3
Q

What type of self-defence is a statutory defence?

A

The prevention of crime or assisting or effecting a lawful arrest

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4
Q

What statute governs the prevention of crime or assisting a lawful arrest?

A

S.3 (1) Criminal Justice Act 1967

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5
Q

What was held in R v Gladstone Williams?
(Self-defence)

A

His conviction was quashed as he had a mistaken view of the facts

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6
Q

What was held in Beckford v The Queen?
(Self-defence)

A

The Privy Council decided the need to test for self-defence and it must be that D believes the use of force was necessary

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7
Q

What is stated in S.76 (3) Criminal Justice and Immigration Act 2008?
(Self-defence)

A

Was the degree of force reasonable in the circumstances

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8
Q

What is stated in S.76 (4)(a) Criminal Justice and Immigration Act 2008?
(Self-defence)

A

Defendant’s perceived threat must be reasonable

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9
Q

What is stated in S.76 (4)(b) Criminal Justice and Immigration Act 2008?
(Self-defence)

A

The belief of threat was genuine and relies on the force used

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10
Q

What is stated in S.76 (4)(b)(ii) Criminal Justice and Immigration Act 2008?
(Self-defence)

A

The mistaken belief of the facts must be reasonable to make

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11
Q

What is held in S.76 (5) Criminal Justice and Immigration Act 2008?
(Self-defence)

A

The mistaken belief of the facts cannot be relied upon if caused by intoxication

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12
Q

What was held in R v Seun Oye?
(Self-defence)

A

Delusions of the mind and mental illness is not taken into account for self-defence

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13
Q

What was held in R v Bird?
(Self-defence)

A

Withdrawing or showing an unwillingness to fight is good evidence but is not required for a pre-emptive strike

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14
Q

What was held in R v Rashford?
(Self-defence)

A

The defendant will only lose the defence when acting as an aggressor for the whole situation

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15
Q

What is stated in S.76 (6) Criminal Justice and Immigration Act 2008?
(Self-defence)

A

Except in a householder case, force which is disproportionate will be unreasonable.

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16
Q

What was held in R v Clegg?
(Self-defence)

A

Because the fatal shot was fired as the car went past, he could not rely on self-defence

17
Q

What was held in R v Martin?
(Self-defence)

A

Self-defence was rejected as danger had passed.

18
Q

What was held in R v Ray?
(Self-defence)

A

In a householder case:
- Force used must be ‘grossly disproportionate’.
- The degree of force must be reasonable in the circumstances

19
Q

What is stated in S.3(1) Criminal Law Act 1967?

A

Reasonable force in the circumstances may be used in assisting in a lawful arrest or preventing a crime