self defence Flashcards
(12 cards)
What is the introduction to self-defence?
Defendant X may claim the defence of self-defense contained in s. 76 of the Criminal Justice and immigration act 2008 which If successful will lead to an acquittal.
What is the first part of self-defense?
The use of force must have been necessary. The defendant is judged in the circumstances as he/she honestly believed them to be and the jury will consider all the surrounding circumstances.
What happens if D apprehends the attack? case?
If D apprehends an attack, they can take pre-emptive strikes (Beckford).
Can D strike first?case?
There is no duty to retreat when faced with an attack, and you can strike the first blow ( Bird).
What if the threat from the oringal act is over? case?
If all danger from the original attack is over, the defense is not available. (hussain).
can D prepare to defend himself? case?
If D apprehends an attack, he may prepare to defend himself. ( AG’s reference No 2 of 1983.)
What if the defendant mistake and thinks self-defence is necessary? case?
He or she will be judged on the facts as he or she honestly believed them to be, and the (r v Williams gladstone) 1984.
what if D was intoxicated?
The defence will not be available. s76(5) r v ogrady)
what is the second part to the defence? case?
Whether the force used was reasonable in the circumstances as he believed them to be is a matter for then jury to decide.
what happened in owino?
In Owino the test is whether a person used such force as was objectively reasonable in the circumstances as he or she believed them to be. s76(3) and s76(7).
what does s76(7) recoginise? case?
s76(7) also recognizes that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action ( R v Palmer)
What is not reasonable? case?
Excessive force is not reasonable (Hussain)
