self defence Flashcards
1
Q
what is self defence under
A
s76 the criminal justice and immigration act
2
Q
what 2 points should the courts consider
A
- was the force necessary in the circumstance
- was the force reasonable in the circumstance
3
Q
how is ‘was the force necessary in all circumstance’ assessed
A
- this is subjective
- D must be judged on the facts as he genuinely believed them to be
4
Q
when can self defence be used
A
- Ds belief can be from a result of mental health conditions such as delusions, therefore they will be considered (R v Oye)
- of D is the initial aggressor, they may still use self defence if V response is disproportionate
- pre-emptive strike (Bird)
5
Q
when can self defence not be used
A
- voluntarily intoxicated (o’Grady)
6
Q
how is ‘was the force used reasonable’ defined
A
- force must be reasonable
- if it classed as excessive force the defence will fail
7
Q
what is the rule due to householder cases
A
force must be ‘grossly disproportionate’
- therefore gives more of a leeway
8
Q
A
8
Q
what makes it a householder case
A
- force must be used by D whilst in a dwelling
- D must not be a trespasser
- D must believe V was a trespasser
8
Q
A
