Self-Defence Flashcards
What are the 3 situations where the use of force may be justified
- Self Defence
- Defence of property
- Prevention of a Crime
What are the 2 steps to self defence
- Was force used necessary
- Was the force used reasonable
What case shows that D can do a pre-emptive strike
Beckford
What case shows that D can use threats of force/death to stop an attack
Cousins
What case shows that D can prepare for an attack
AG Ref No2 1983
What case shows that D has no duty to retreat
Bird
What case shows that using force on the attacker if the attacker is running away is unnecessary
Hussain and another
What case shows that D should be judged on his genuine mistaken view of the facts
Williams
What section & act shows that D should be judges on his genuine mistaken view of the facts
s76(3) Criminal Justice and Immigration Act 2008
What section & act shows that D cannot rely on any mistaken belief if the belief is due to being voluntarily intoxicated
s76(5) Criminal Justice and Immigration Act 2008
What section & act explains the amount of force that can be used
s76 Criminal Justice and Immigration Act 2008
What are the 2 steps to confirming whether the amount of force used was reasonable
a) D may not be able to weigh to a nicety the exact measure of necessary action
b) D did what they honestly and instinctively thought was necessary
What cases show that D must do what he ‘honestly and instinctively’ thought was reasonable
Owino
Martin
What case shows D can fight back after instigating a confrontation
Rashford
What section and case is used for householder cases
s43 Crime and Courts Act 2013
