Self defence evaluation Flashcards
(27 cards)
What does the defence of self-defence cover?
Actions needed to defend oneself or another person and one’s property.
What is required for a case to be considered a householder case?
The defendant must not be a trespasser to the home.
What is the significance of R v Bird in self-defence cases?
Self-defence does not require the defendant to show unwillingness to fight or retreat.
R v Bird established that the defendant’s belief in the necessity of force is crucial.
What is the burden of proof in self-defence cases?
The burden is on the prosecution to disprove the defence.
What does R v Rashford state about the aggressor’s defence?
The defendant cannot rely on the defence of self-defence if they are the aggressor.
What is the subjective test in self-defence?
It considers the defendant’s opinion on the necessity of force.
What is the objective test in self-defence?
It assesses whether the jury believes the force used was reasonable.
What happens if the force used is deemed grossly disproportionate?
It will not be considered reasonable and cannot be used as a defence.
What is the statutory basis for the defence of self-defence?
It is stated in the Criminal Justice and Immigration Act.
What factors may the jury consider in self-defence cases?
Time of day, necessity of force, conduct of the defendant, and presence of vulnerable individuals.
What does excessive force amount to in self-defence?
Excessive force amounts to no defence.
What is the relevance of the defendant’s belief in self-defence?
The reasonableness of the belief balances the risk of harm to the victim.
What does R v Ray state about mistaken beliefs in self-defence?
The defendant cannot rely on a mistaken belief if it was grossly unreasonable.
What is the implication of R v Clegg and R v Martin regarding the use of force?
Defendants cannot rely on a mistake if any force used after the danger has passed will be deemed excessive.
What does AOI stand for?
AOI stands for ‘Area of Interest’.
What is the subjective test in the context of force?
The subjective test assesses whether the defendant believed the force used was necessary to prevent a crime or assist in an arrest.
What is the objective test in the context of force?
The objective test evaluates whether the force used was reasonable.
How does the law differ from common law regarding the use of force?
It is focused on the prevention of crime and assisting in arrests.
What is the significance of the case R v Williams?
It can only be used in relation to preventing crimes, not reacting to crimes already committed.
Is it debatable if we should have the right to use force?
Yes, it is debated whether we should have the right to defend ourselves using force.
What are some considerations regarding jury composition in trials involving force?
Jury composition should allow for a fair trial considering factors like sex, gender, and ethnicity.
What are householders’ cases in relation to force?
They raise moral issues about the right to defend oneself and the clarity of law regarding excessive force.
What is statutory confusion?
Statutory confusion arises when laws lack clarity and definitions of key terms.
Why is the definition of ‘proportionate’ important?
It is crucial for understanding what constitutes acceptable use of force.
