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Criminal > Self Defence > Flashcards

Self Defence Flashcards

1
Q

3 elements

A
  1. Permitted purpose
  2. Necessary
  3. Reasonable
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2
Q

Permitted purpose

A

Prevention of crime
Protect self or others
House holder defence

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3
Q

Prevention of crime

A

R V scarlet - s3 criminal law act 1976

R V hassian - can’t prevent crime if not in danger

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4
Q

Cannot you prevent crime if not in danger

A

No
R V Hussain

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5
Q

Full defence or partial

A

Full defence

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6
Q

Self defence act

A

Criminal justice and immigration act 2008

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7
Q

Necessary

A

R V beckford
Force used should be necessary in circumstances D beloved themselves to be in

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8
Q

Can force necessary be unreasonable mistaken

A

Yes
R V Gladstone and Williams

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9
Q

Will intoxication make what D see as necessary change

A

R V o Grady
Mistake on necessary force will be ignored if from intoxication

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10
Q

Can forced used be necessary if striking first

A

Yes R V bird - D can strike first

No need to show reluctance to fight

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11
Q

Can preparations in self defence be necessary

A

Yes
AG REF 2 1984

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12
Q

Section for necessary force

A

76.4 mistaken is allowed

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13
Q

Section for reasonable force

A

76.6 criminal justice and immigration act 2008

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14
Q

Reasonable force

A

Reasonable force is judge on mistaken belief of what is necessary

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15
Q

Level of proportion

A

Force used must not be disproportionate in the circumstances D believes to exist
R V clegg

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16
Q

Is using a weapon proportionate

A

No
Weapon is disproportionate
R v martin

17
Q

Is restraining an attack reasonable

A

R V owino
restraining attack is reasonable

18
Q

R V Martin set out what 4 things for jury to look at

A
  1. Number of people
  2. Nature and degree of force repelled
  3. Gravity of crime or evil prevented
  4. Relative strength of parties
19
Q

House holder defence section

A

76.5A

20
Q

What level of force is reasonable in house holder defence

A

Disproportionate force is allowed but not grossly disproportionate

21
Q

What must be established for house holder defence

A
  1. Force used be be in or partially in a building
  2. D cannot be trespasser
  3. D must believe V is trespasser
22
Q

Case for should be trespasser

A

R V cheese man

23
Q

Permitted purpose - to protect property

A

Criminal damage act 1971

24
Q

R V palmer - common law
Protect one’s self

A

Self defence is allowed
If
D fears for his life or safety of his person
Provided he uses no more force than is reasonable in the circumstances

25
Q

Prevent crime act

A

S3 criminal law act 1976

26
Q

Unreasonable mist lane is allowed section

A

76.4

27
Q

Section for judge in D belief in circumstances

A

76.3

Criminal (20 decks)

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