Criminal 6 - Self defence Flashcards
1
Q
What can self defence only be used to protect against?
A
Imminent attack of physical force (not a threat to one’s peace of mind)
2
Q
What is the test for self defence?
A
- D honestly believed use of force was necessary
- Level of force was objectively reasonable in the circumstances as D believed them to be
3
Q
What kind of defence is self-defence?
A
A complete defence against all crimes
4
Q
Is anticipatory self-defence allowed?
A
Yes
5
Q
Can self-defence be used by an antagonist?
A
Yes
6
Q
Can force be used against an innocent party?
A
Yes to prevent a crime being committed by someone else or to protect themselves
7
Q
What is the test for proving self-defence?
A
- D honestly believed use of force was necessary
- Level of force used was objectively reasonable in the circumstances as D believed them to be:
- Non-Householder Cases: not reasonable if disproportionate
- Householder Cases: not reasonable if grossly disproportionate: (i) was force grossly disprop in circumstances as D believed them to be (ii) whether level of force was reasonable
