General Defences: Self Defence Flashcards
What type of defence is self defence?
A general and complete defence
Where is the defence found?
In common law
Which section of which Act codified self defence?
S76 of the Criminal Justice and Immigration Act 2008
What two questions must be asked to decide if self defence applies?
1) Was the force necessary?
2) Was the force reasonable (proportionate)?
Which case outlined that D must think that the threat is imminent?
Beckford
If the threat is imminent what can D take against V?
Pre-emptive strikes
Which case says that D can make a pre-emptive strikes?
Beckford
D can make a mistake as long as it’s what?
Genuine/Honest
Which case said D can make a mistake as long as it’s genuine?
Gladstone Williams
What does S76(4) say in relation to D’s beliefs as to the circs?
If D claims he held a certain belief as to the circumstances, the reasonableness of that belief is relevant to whether the jury believes D genuinely held that belief
What does S76(5) say in relation to D making a mistake?
D cannot rely on a drunken mistake
Which case outlines that D cannot rely on a drunken mistake?
O’Grady
What does S76(6A) say in terms of retreating?
That D does not need to retreat but if he can retreat and still chooses to fight, this can be taken into account when deciding if it was necessary for D to use force
What does S76(3) say about the force being proportionate?
That this is decided in relation to the circs as D believed them to be
What does S76(7)(a) say?
That D may not be able to weigh to a nicety the exact measure of force required
