Self Defence Flashcards
(9 cards)
1
Q
Elements for self defence
A
1) use of force was necessary
2) was the force reasonable
2
Q
R v Williams
A
D not guilty is he honestly believed force was necessary
3
Q
Pre emptive strikes
A
D doesn’t have to wait to be attacked can strike first
4
Q
R v bird
A
Don’t have to wait to be attacked
5
Q
Where is the subjective and objective test for deciding if force was reasonable
A
Criminal justice and immigration act 2008
6
Q
Subjective objective test for self defence
A
1) did D honestly believe force was needed
2) was force reasonable in the circumstances
7
Q
R v clegg
A
Force was disproportionate so defence failed
8
Q
R v Martin
A
Force was grossly disproportionate
9
Q
R v Collins
A
Householders can use disproportionate force but still not grossly disproportionate
