all cases for self defence Flashcards

1
Q

what act codifies the common law defence of self defence

A

criminal justice and immigration act 2008 (s76)

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2
Q

what act amended the rule for household cases of SD

A

crime and courts act 2013

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3
Q

what case outlined that SD wont be available when there is an area of prior fault on the defendant’s behalf

A

oraki

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4
Q

what case outlined that there is no duty to retreat, but it will be considered

A

hussain and another (chased burglar and beat)

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5
Q

what are the two key questions for SD

A

was force necessary, was force reasonable

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6
Q

what case outlined that pre-emptive strikes are okay

A

AGs reference

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7
Q

what case outlined that defendants may retaliate immediately

A

bird

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8
Q

which sections of the criminal justice and immigration codified areas of reasonable force

A

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

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9
Q

what is a household case where excessive force was used

A

martin

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10
Q

case where a soldier used excessive force

A

clegg

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11
Q

when will force be excessive in household circumstances according to the crime and courts act 2013

A

when it is ‘grossly disproportionate’

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12
Q

which section of the criminal j and imm act 2008 outlines mistaken SD

A

s76(4) d will be judged on the circumstances as he believed them to be

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13
Q

what is a case where there was mistaken self defence

A

williams

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14
Q

case for intoxicated mistaken self defence

A

O’grady- no defence when the mistake was self induced by intoxication

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