Self defence Flashcards
What is the law on self defence regulated by
Criminal justice and immigration act 2008
What is self defence
D admits committing the actus reus with the necessary mens rea however they say they acted in delf defence
What type of defence is self defence
Full defence
What is the 2 part test for self defence
Was the force necessary and was the force reasonable
What will the D be judged against in self defence
The facts as they genuinely believed them to be
What case states that if you believe that an attack is going on and you intervene even if not, you can use self defence
Williams
Who cannot not rely on self defence
The aggressor
What case states the aggressor can not rely on self defence
Rashford
What happens if you attack first in self defence
The defence can still be used
What case states that you can attack first and it remains self defence
Beckford
What are the 5 facts that must be considered for deciding is the force was reasonable
The facts of the case
The facts as D believed them
The circumstances of the attack
The time available to D to decide his course of action
The risk to D balanced against the risk of harm to V
Who decides whether the force was reasonable
The jury
What case would you use for excessive force would not be allowed for self defence
Clegg
Who was the law on self defence updated for
Householders
What was the new law for householders for self defence
Their actions had to be grossly disproportionate for the degree of force to be regarded as unreasonable
