Self Defense Flashcards
(11 cards)
What does Section 76 of the Criminal Justice and Immigration Act 2008 allow as a defence?
It can be used to protect yourself, protect someone else, or prevent a crime.
What is the necessity of force according to Section 76(3)?
The force must be necessary, and the defendant must have held a genuine belief that the force was necessary. (Subjective)
What is the side rule regarding genuine mistake in Section 76(4)?
The defence is available if the defendant made a genuine mistake.
What case is associated with the genuine mistake rule?
Gladstone Williams.
What does Section 76(5) state about intoxicated mistakes?
If the reason for the mistake was intoxication, the defence will be lost.
What is the SIDE RULE regarding Pre-Emptive Strike?
The defendant can make the first move in order to protect themselves and still argue self-defence (Case: Beckford).
A - APPLY if relevant
What does Section 76(3) state about the REASONABLENESS of Force?
The force used must be REASONABLE, meaning it must be proportionate to the threat. This is for the jury to decide, based on the defendant’s beliefs (objective test with subjective element).
What did Lord Morris in Palmer state about the use of force?
If the defendant is under attack, it is difficult to weigh up exactly how much force to use. If the defendant only did what they honestly and instinctively thought was necessary, this is evidence that only reasonable force was used.
What is required for the defendant to get the defence in a self-defence case?
The defendant will get the defence if they acted honestly and instinctively.
What happens if the defendant uses excessive force?
They will lose the defence.
Case: Martin
What does Section 42(3) of the Crime and Courts Act 2013 state about self-defence in the home?
Self-defence can be disproportionate as long as it is not grossly disproportionate.
Case: Ray
