Defences- Self Defence/self Defence Of Another And Prevention Of Crime

Question 1

Where is self defence/defence of another contained

Answer 1

Common law (palmer)

Question 2

Where is prevention of crime contained

Answer 2

Statutory defence (s3(1) criminal law act)

Question 3

What are the 2 elements for self defence/defence of another

Answer 3

• was force necessary
• was force reasoable

Question 4

What does the element of was the force necessary say

Answer 4

The D must genuinely believe the force to be necessary, is a subjective test

Question 5

What does the case of Williams say about the force being necessary

Answer 5

Mistaken belief will suffice, but not when the D is voluntarily intoxicated

Question 6

What case says when the defence may be available

Answer 6

Attorney general reference- defence available when the D has made preparations for the attack but only if the items are ceased as soon as the threat isn’t imminent

Question 7

What does the case of bird say about the force being necessary

Answer 7

There is still a defence available if the D chose to act and not retreat, however this amounts to a preemptive strike which doesn’t prevent liability but they may still have a defence even if they were the initial aggressor

Question 8

What act talks about where the force wont be considered reasoable

Answer 8

S76(6) criminal justice and immigration act- force not reasoable if its disproportionate in relation to the circumstances as D believed them to be

Question 9

What case was used to determine if force is reasoable

Answer 9

Palmer

Question 10

What 2 things said in palmer are used to determine if force is reasonable

Answer 10

• if in a high intensity situation, there will be no time to make an assesment on proportionality/necessity of force (More likely to be considered reasonable)
• if d did what he honestly/instinctively thought was reasonable force (more likely to be reasoable)

Question 11

What did the crime and courts act do about householders in relation to force

Answer 11

They changed reasonableness principles for force from homeowners to intruders

Question 12

What section of the crime and courts act spoke about force in the place of residence and what was said

Answer 12

S43- householders may legitimately use disproportionate force against intruder (will be considered proportionate/reasonable)

Question 13

When will force against an intruder not be considered reasonable

Answer 13

When its grossly disproportionate

Question 14

What case is used for force against householders

Answer 14

R v justice secretary

Question 15

What does the case of R v justice secretary say

Answer 15

The jury are to determine whether action is reasoanble in circumstance as he believed them to be