Paper 1.15 - Self Defence Flashcards
(14 cards)
Is self defence a full or a partial defence?
Full defence, results in an acquittal.
Who has the burden (and to what extent) in a self-defence plea?
Prosecution, beyond all reasonable doubt.
What does the term ‘self’ include in self defence?
The D and others close to them.
What is the basis of the law on self defence, and what s of what Act states this?
D can use reasonable force to prevent a crime - s3(1) Criminal Law Act 1967
How much force can be used in self defence? What s of what Act?
Any force must be proportionate and necessary within the circumstances - s76 Criminal Justice and Immigration Act 2008.
In self defence, the force used by d must be proportionate. What is the case study of this?
Hussain
D’s house was broken into by armed men who threatened his family. D called his brother who chased the men out of the house. One of the men was caught and attacked with a cricket bat; there was no defence as the force was not proportionate.
Also Martin / Clegg.
In self defence, the force used by d must be necessary within the circumstances. What is the case study for this?
Clegg
D, solider at a checkpoint, had a car driving at speed toward his checkpoint. It refused to slow down when instructed. D opened fire killing V. It was deemed his actions were excessive and he wasn’t awarded SD.
Also Martin / Hussain.
What is the law on preparing weapons in case of an attack? What case?
D can prepare weapons to use if they think they will be attacked.
AG Ref
D made petrol bombs in response to riots in the area. When faced with the riots, he used them. D pleaded self defence and was acquitted. CA confirmed this decision on reference.
What is the law on pre-empting attacks in self defence? What case?
D can pre-empt attacks and they do not need to retreat from danger.
Bird
D, celebrating her birthday, found out that her ex and his new girlfriend attended her party. This led to an argument and then a fight, causing V to lose his eye. D was acquitted of GBH.
What is the law on those who make an honest mistake about the necessity of self-defence? What case?
You can make an honest mistake and still receive SD.
Gladstone Williams.
D spotted a man and a boy scuffling on the street. The man, a plain cloth police officer, was attempting to arrest the boy. D broke up the fight and asked PO for his badge, which he was unable to supply. D and PO then fought. D was convicted of ABH; however the judge directed the jury to acquit the man if they felt he had made a reasonable mistake.
What is the law on drunken mistakes about the necessity of self defence? What case?
D is not allowed the defence.
Lipman
D, intoxicated, strangled his girlfriend, believing that she was a snake attacking him. D had no defence as his intoxication was voluntary.
What characteristics of D are considered when deciding if self defence applies? What is the case study of this?
No charcteristics are taken into account, d is held to the standard of a reasonable person.
Martin
D shot two burglars in the back as they fled D’s house. D was a sufferer of paranoid personality disorder; however the courts decided that this was not relevant to the case and found him guilty regardless.
For self-defence to be viable for a householder, three conditions must be met. What are these?
Force used by D must be from a dwelling.
D must not be a trespasser.
D must believe V is trespassing.
How much force are householders allowed to use? What s of what Act allows this? What is a case study of this?
Up to grossly disproportionate.
s43 Crime & Courts 2013.
Collins
D forced V into a headlock after V broke into the house at night. V sustained permanent brain damage from the incident. D was acquitted as a headlock was not seen as grossly disproportionate.
