Self Defence

Question 1

Section + Constitutional Articles

Answer 1

Art 40.5 - S18 NFOAP [1997]
CLA [Defence of Dwelling] 2011

Question 2

Keatley

Answer 2

Can defend other of no relation

Question 3

Commane

Answer 3

Must believe necessary - knocked out v then strangled

Question 4

McInnes

Answer 4

Defence doesn’t apply if it’s no longer a burden to retreat

Question 5

NI v Browne

Answer 5

D provokes V into assault -

Question 6

Barnes

Answer 6

Burglar can’t kill householder

Question 7

O’Donoghue

Answer 7

Home owner chased him outside house - held not self defence as burglar was the original attacker

Question 8

Self Defence Permitted when:

Answer 8

protect self/others from assault/trespass :Property theft : Prevent Crime/Breach of Peace

Question 9

Farrell

Answer 9

Stabbed shop owner to effect his escape = not Self Defence

Question 10

Crawford [2023?]

Answer 10

Use of Force in NFOAP 1997 Act Part Obj Part Subj
S18 of the 1997 Act applies to lethal force also

Question 11

Circumstances D form complete defence

Answer 11

Honest Belief - As D believes circumstances to be force is necessary - Can be unreasonably held if honestly held - GO OVER IN DETAIL

Question 12

Defence of Dwelling + definition for use of force within

Answer 12

2011 CLA [Defence of Dwelling] - V burglar - Force reasonable [Given D’s Perceived circumstances[SUBJECTIVE]]
Can be unreasonable if honestly held

Question 13

Nally

Answer 13

Knacker - execution - held he lived in constant state of fear -

Question 14

Keenan

Answer 14

2 in caravan - garden sheers = acquitted

Question 15

O’Conner

Answer 15

No more force than OBJECTIVELY necessary =
Or = EXCESSIVE FORCE = MS