Self Defence

Question 1

What are the 2 elements for self defence

Answer 1

Force must be necessary
Force must be reasonable

Question 2

R v Hussain and another

Answer 2

Self defence didn’t suffice b cause the original attack was over, force wasn’t necessary

Question 3

R v Gladstone and Williams

Answer 3

Necessity of force depends on situation which exists, or believes to exist

Question 4

R v bird

Answer 4

Don’t have to show willingness to fight before using first (can strike first blow)

Question 5

Ag ref number 2 1983

Answer 5

Are able to prepare for an attack

Question 6

reasonableness of force s76 (3)

Answer 6

Degree of force used by D was reasonable in circumstances

Question 7

Reasonableness of force s76 (4)

Answer 7

Held a particular belief to circumstances

Question 8

Amount of force s76 (7) CJA 2008

Answer 8

• weigh to a nicety
  -honesty and instinctively thought was necessary

Question 9

Intoxication s76 (5)

Answer 9

Can’t rely on mistaken belief if it was by self induced

Question 10

House holders case s76 (5a)

Answer 10

Degree of force will be reasonable only where it is grossly disproportionate

Question 11

Collins v sos for justice

Answer 11

Circumstances be in