WEEK 12 Flashcards
(20 cards)
What are the main types of self-defence recognized in law?
Self-defence, defence of another, prevention of crime, lawful arrest and apprehension of offenders
What is the common law source for the defence of the person?
Common law as restated in s.76 Criminal Justice and Immigration Act 2008 (CJIA)
What section of the law addresses the defence of property in cases of criminal damage?
s.5 Criminal Damage Act 1971
What is the difference between public and private defence?
Private defence protects oneself, another person, or property; public defence prevents a crime or effects lawful arrest
What confirms the integration of public and private defences into one single defence?
s.76 CJIA
What are the two main elements of a defence?
The threat and the response to the threat
What must the victim (V) do to justify the use of self-defence?
V must pose an unjustified and immediate threat
What happens if the defendant (D) instigated violence?
If D instigated violence, consider rules in R v Keane; if not, assume the threat was unjustified
What does the case of Gladstone Williams [1984] establish regarding belief in the threat?
D may make an honest but unreasonable mistake about the necessity of self-defence
What is required for a belief in the necessity of force to be valid according to s.76 CJIA?
The belief must be honest, not necessarily reasonable
What does R v Hatton [2005] state about mistaken belief due to intoxication?
D cannot rely on self-defence if mistaken belief was caused by voluntary intoxication
How does R v Martin [2001] impact the assessment of reasonable force?
D’s characteristics and sensitivity to danger are generally disregarded in assessing reasonable force
What principle arises when D attacks without knowledge of a threat?
Dadson principle
What does the imminence requirement entail in self-defence cases?
The threat D believes to exist must be imminent
What case confirmed that pre-emptive force may be used?
Beckford v R [1988]
What does s.76(6) CJIA state about the degree of force used?
Degree of force used by D is not reasonable if it was disproportionate in the circumstances
What is the significance of the householder exception in self-defence?
In householder cases, force is only unreasonable if grossly disproportionate
What does s.76(6A) CJIA state regarding the duty to retreat?
There is no duty to retreat; possibility of retreat is a factor but does not create a duty
What must be considered when applying the general issue of response to the threat?
Was D acting to defend herself/another/property? Was the use of force necessary and reasonable?
What must be established for the defence of self-defence to be available?
Both sub-issues of response to threat must be met and all sub-issues of whether V posed an unjustified, immediate threat
