Self- Defence Flashcards
Defences
What is the source of self defence?
There is no source, it is a common law defence.
However, where is self-defence kept in statute?
Criminal Law Act
What is self defence a defence for?
All offences
When can self defence be used?
In self-defence, to defend another, to assist in a lawful arrest or to prevent a crime.
To raise self-defence, how should you have responded to the attacker/victim?
You should respond with reasonable force.
How do the courts decide if the force used was reasonable?
By using a subjective test, considering the facts of each case. It will be based on those involved.
When can self-defence not be used?
When the attackers are retreating, it is not reasonable to defend when the attackers are retreating.
When the threat is over, what should happen?
the defensive action must stop or it becomes revenge or retaliation, I.E attacking retreating attackers.
What is a key case for self-defence?
Clegg
What are the details of Clegg?
He was a soldier on guard at the Irish barricade, a car went through unchecked so Clegg opened fire. However, it wouldn’t be deemed self-defence as Clegg hit the driver in the back. But the unchecked crossing created the reason the solider shot at him.
What is relevant to self-defence? why?
Where the defence took place. As defending yourself at home has a wider interpretation of reasonable force
What is a key case with self defence in the home?
Martin
What are the details of martin?
He shot two burglars as they were running away, it wasn’t self-defence. so even with the added force you can use in your home, it still wasn’t self defence.
What is a pre-emptive strike?
If D believes that they are about to be attacked, they can defend themselves by throwing the first blow.
What is the problem with pre-emptive strikes?
As D could be lying or mistaken, so it muddles the waters as what is self-defence and what is not.
