Self Defence Flashcards
- The law on self defence can be found in both…..
case law and statute law, the most recent updated law being provided by the Criminal Justice and Immigration Act 2009.
- D is allowed to use…
Reasonable force to protect himself, another or his property.
1. The first requirement for the jury to consider is whether force was necessary.
2. The second requirement for the jury to consider is whether force used was reasonable in the circumstances the D found themselves in.
- If D is mistaken he must be judged according to….
His mistaken view.
The CIJA confirms the position established in R v Gladstone Williams.
The more reasonable the mistake the more likely it is to be genuine.
APPLY: Here D….
APPLY: Was D intoxicated?
- However the CIJA S76 confirms…
the decision in R v O’Grady that self defence isn’t available where D makes a mistake about a threat because he is voluntarily intoxicated.
APPLY: Here D…
- S6A of the CIJA 2009 make it clear that person isn’t under a duty to…
Retreat when acting for a legitimate purpose.
But the possibility that the person could have retreated is to be considered as a relevant factor in deciding whether the degree of force was necessary.
APPLY
- S76 provides that the force used must be…
reasonable in the circumstances.
This confirms case law of R v Palmer.
S76 also goes on to confirm D may not be able to weigh to a nicety the exact measure of the necessary action.
Also if D only did what he honestly and instinctively thought to be necessary than this is strong evidence only reasonable action was taken.
S76 also states that what is reasonable is to be judged on the circumstances as D believed them to be.
APPLY: Here Ds actions can be considered reasonable/ unreasonable because….
- If D successfully pleads self defence…
he is entitled to a full acquittal.
