Defences: Self - Defence Flashcards
What does self - defence cover?
Protecting yourself, another person or property
What crime can self - defence be used as?
Any crime
NFO’s
Murder
Property
What Act regulates self - defence?
The Criminal Justice and Immigration Act 2008
What does S.76 Criminal Justice and Immigration Act 2008 state?
The defence of self - defence can be successful once the coruts consider two points:
Was the force used necessary in the circumstances?
Was the force used reasonable in the circumstances?
What test is Necessary?
Subjective
What will the D be judged on with if the force is neccessary?
The facts as he genuinly believed them to be
What does S.76(3) & (4) state?
Circumstances are to be judges as the D genuinely believed them to be even if his belief was a mistake or unreasonable
Williams (Gladstone)
What does S.76 (5) state?
If D is voluntary intoxicated, self - defence will fail
(O’Grady)
What did Martin outline?
D’s characteristics can’t be taken into account when judging if the force was necessary in the circumstances as he believed
What happened in O’Grady?
A mistaken belief of being attacked due to being voluntary intoxicated won’t be able to use self - defence
What happened in Martin?
Psychiatric evidece shouldn’t be taken into account, he perceived the threat bigger than it was, so self- defence couldn’t be used
What test is if the force is reasonable?
An objective test
When will the force be unreasonable?
If it is disproportionate or excessive force
Clegg
What are pre-emptive stirkes?
D doesn’t need to be attacked first, D is entitled to ‘get his blow in first if it reasonaly necessary to do so’
Deana
What is the possibility to retreat?
There is no duty to retreat before using force
D can stand their grounf in an arguement/don’t have to walk away
Bird
