self defence Flashcards
what type of defence is self-defence?
complete and general defence, common law 
Where was self-defence, clarified and supplemented?
s.76 of the criminal justice immigration act, 2008
If successful, what will self-defence result in
An acquittal
what is needed in order for the defence to be successful?
The force used by X was necessary
how is this judged?
Subjectively based on the facts that the defendant believes to exist
hussain
there must be an imminent threat justifying the use of force
beckford
however, the law does allow for a pre-emptively strike
AGs ref No.2 1983
For the defendant to make preparations
gladstone and williams
The defendant can be mistaken and still plead self-defence
Ogrady Hatton
The defence will not stand if the defendant is intoxicated
bird
There is no duty for the defendant to have retreated from the threat
It must also be determined that the force was what
necessary it must then be determined if it was reasonable in the circumstances, that x believed to exist
Is reasonable objective or subjective?
Partly objective and partly subjective, and must be proportionate
palmer
If the defendant did what they honestly and instinctively thought necessary, then it is likely proportionate
martin
Physical characteristics of the defendant can be considered, but not the psychiatric
