Self-defence/ prevention of crime Flashcards
(10 cards)
1
Q
When is self-defence available
A
- D honestly believes that it was necessary to use force
- the force used is reasonable
2
Q
what are the 2 elements of self-defence
A
- was it necessary to use force?
- was the force used proportionate?
3
Q
is 1 subjective or objective
A
subjective
4
Q
is 2 subjective or objective
A
objective
5
Q
necessary force cases
A
r v williams, r v bird, AGs reference 2
6
Q
r v williams LP
A
D can rely on a genuine belief of circumstances even if they were mistaken and even if the mistake was unreasonable
7
Q
r v bird LP
A
D does not need to show a reluctance to fight
8
Q
AGs reference 2 LP
A
D can be prepared to defend himself, even if it breaks the law.
9
Q
2 was the force used proportionate case
A
R v Clegg
10
Q
R v Clegg LP
A
D used excessive force so self defense failed.
