Self-defence/ Prevention of crime Flashcards
(12 cards)
What statute amended self-defence and defence of another into complete common law defences?
S.76 CRIMINAL JUSTICE AND IMMIGRATION ACT 2008
What is the definition of prevention of crime under S.3 CRIMINAL LAW ACT 1967?
The right to use force in the public interest to either prevent crime or lawfully arrest someone.
What does S.76(6a) HUSSAIN AND ANOTHER state?
D is not under a duty to retreat if faced with a threat from another. The possibility of retreat is merely a relevant factor to determine whether Ds use of force was necessary.
What does A-Gs REF state?
D does not have to wait to be attacked before he can use force to defend himself, D may make a pre-emptive strike or make preparations to defend himself if he apprehends attack.
What does S.76(3) WILLIAMS (GLADSTONE) state?
If D genuinely made a mistake about being threatened or needing to act to prevent crime, then he is to be judged on the facts as he believed them to be.
What does S.76(5) O’GRADY state?
A mistaken belief caused by Ds voluntary intoxication is not sufficient for the defence of self-defence or prevention of crime.
What does S.76(6) state?
The degree of force used will not be reasonable if it was disproportionate in the circumstances.
What does S.76(5A) state?
The degree of force used by D against a burglar will not be reasonable if it was grossly disproportionate in the circumstances.
What does S.76(a) state?
D may not be able to weigh to a nicety the exact measure of any necessary action.
What does S.76(7)(b) state?
Where D only did what he honestly and instinctively thought was necessary is strong evidence that only reasonable force was used.
What does MARTIN state?
The court must ignore any psychiatric condition that might cause D to perceive much greater danger than the reasonable person.
Which 2 elements have to be proven for a successful defence?
- D must honestly believe that the circumstances are such that the use of force is necessary.
- It must be that a reasonable person would have used that amount of force in the circumstances as D believed them to be.
