Self Defence Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What statuary section covers self defence and defence of another?

A

s76 Criminal Justice and Immigration Act 2008

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What statuary section covers prevention of a crime?

A

s3(1) Criminal Law Act 1967

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the two questions to be asked?

A
  1. Was the force necessary?
  2. Was the force used reasonable?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Mistaken use of force
Williams

A

Judge D according to thier honest belief of the sitiuation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

s76(3)
s76(4)
(a)
(b)
s76(5)

A
  • the question whether the degree of force used by the D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

s76(4)
(a)
(b)

A
  • if D claims to have held a particular belief as regards the existences of any circumstance-
    a) the reasonableness or otherwise of that belief is relevant to the question whether D genuinely held it; but
    b) if it is determined that D did genuinely hold it, D is entitled to rely on it for the purpose of subsection (3) whether not-
    i. it was mistaken, or
    ii. (if it was mistaken) the mistake was a reasonable one to have made
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

s76(5)
Case

A

-a defendant cannot rely on any mistaken belief if that mistake is made due to the D being voluntary intoxicated.
- O’ Grady

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Pre-emptive strike
Bird
Rashford

A
  • D does not have to wait to be attacked to use force
  • no need to show willingness to retreat
  • self defence not available if the D is the aggressor unless the victim’s response is wholly disproportionate and seriously threatens the D
  • Defence not available of the D’s aim all along was to use self- defence as an excuse
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

s76(7)
(a)
(b)

A
  • outlined guidance when deciding whether the froce used is reasonable in the circumstances
    a) a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action; and
    b) evidence of a person’s having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Clegg
Palmer

A

-not available if danger is over
-D can’t weigh up nicety of force, is it excessive force?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

CJoIA

A

degree of force has to be measure against the circumstances as the D believes them to be

How well did you know this?
1
Not at all
2
3
4
5
Perfectly