all cases for self defence Flashcards
what act codifies the common law defence of self defence
criminal justice and immigration act 2008 (s76)
what act amended the rule for household cases of SD
crime and courts act 2013
what case outlined that SD wont be available when there is an area of prior fault on the defendant’s behalf
oraki
what case outlined that there is no duty to retreat, but it will be considered
hussain and another (chased burglar and beat)
what are the two key questions for SD
was force necessary, was force reasonable
what case outlined that pre-emptive strikes are okay
AGs reference
what case outlined that defendants may retaliate immediately
bird
which sections of the criminal justice and immigration codified areas of reasonable force
s76(3)- was force reasonable in the circumstances as the defendant believed them to be
s76(7)- d may not be able to weigh up to a nicety the extent of force
what is a household case where excessive force was used
martin
case where a soldier used excessive force
clegg
when will force be excessive in household circumstances according to the crime and courts act 2013
when it is ‘grossly disproportionate’
which section of the criminal j and imm act 2008 outlines mistaken SD
s76(4) d will be judged on the circumstances as he believed them to be
what is a case where there was mistaken self defence
williams
case for intoxicated mistaken self defence
O’grady- no defence when the mistake was self induced by intoxication