Self Defence T Flashcards
(22 cards)
what are the 3 defences self defence cover?
1) self defence
2)defence of another
3) prevent a crime
what are the common law defences ?
1) self defence
2) defence of another
Tez is gay.
what act is using a defence to prevent crime under?
s.3(1) criminal law act 1967
what does s.3 criminal law act 1967 state?
’’ a person may use force as such as is reasonable in the circumstances in the prevention of crime’’
finish it off
‘’ a person may use force as such as is reasonable…
in the circumstances in the prevention of crime’’
name the 2 legal principles for self defence
1) was the force necessay?
2) if so, was the amount/degree of force reasonable?
is self defence a full defence or partial defence?
full defence
what is the first element?
was the force of the d necessary?
r v hussain 2010
the danger has passed, d will not be liable for the defence
r v bird
whilst withdrawing or demonstrating an unwillingness to fight is good evidence that the d is acting reasonably and in good faith, there was no absolute obligation to demonstrate an unwillingness to retreat.
finish it off r v bird
‘‘whilst withdrawing or demonstrating an unwillingness to fight is good evidence that
the d is acting reasonably and in good faith, there was no absolute obligation to demonstrate an unwillingness to retreat’’
AG Ref No 2
D can prepare to protect himself and his property, where so long the danger is imminent.
who decides whether the force used by d is neccessary ?
the judge
williams (gladstone)
d can use the defence if the if there was a mistaken belief, so long as it was a genuine and honest mistake
who confirmed the principle of the case william (gladstone)
s.76 of the criminal justice and immagration act 2008
o’ connor
where the d is intoxicated and acts in self defence he will be judged in what a sober man would do, confirmed in s.76 coroners justice and immagration act
what is the second elememt of self defence?
was the amount/degree of force reasonable?
what will the judge decide about the force being reasonable?
if the force was reasonable or excessive
would d be liable for the defence if his force was excessive
no only if it was reasonable
2- reasonable
what needs to be considered under s.76 CJIA 2008
a) d may not be able to weigh up the exact force needed in the cituation
b) the amount of force used is reasonable if theres evident that d has only done what they thought was honestly and instinctively necessary
c)defence is not available if force was used after the danger has passed
r v martin
his character disorder was not taken into concideration for the defence. householders have a higher degree of force.
