Self-defence evaluation 8 mark explain- Paper 1

Question 1

Where does the law of self-defence come from

Answer 1

-Common law
-Criminal Justice and Immigration Act 2008

Question 2

What type of defence is self defence

Answer 2

General defence that leads to acquittal

Question 3

Two aspects of self defence

Answer 3

-Was the force necessary
-Was the force proportionate to the threat

Question 4

What case should be used for imminence and pre-emptive strike

Answer 4

Beckford

Question 5

Case to say D can make a mistake about force being necessary

Answer 5

Gladstone Williams

Question 6

Case to show D cannot make a drunken mistake

Answer 6

O’Grady

Question 7

Case on obligation to retreat

Answer 7

-R v Bird
-There’s not an obligation to retreat but the jury is less likely to accept the defence if there was an opportunity to retreat and D did not

Question 8

Section to show if force was reasonable based on factors as D believed them to be

Answer 8

S76(3) Criminal Justice and Immigration Act 2008

Question 9

Section to show D does not need to weigh up necessary force in heat of the moment

Answer 9

S76(7)(a) Criminal Justice and Immigration Act 2008

Question 10

Section on D only doing what he believed to be necessary

Answer 10

S76(7)(b) Criminal Justice and Immigration Act 2008

Question 11

Case to say D cannot use self defence for revenge/retaliation

Answer 11

Hussain