Defences Flashcards
Self defence
A person can use force as is reasonable in the circumstances to defend himself or another or his property
All or nothing defence- either complete acquittal or convicted of full offence
Private defence
Defending himself or his property against an actual or imminent attack or defending another against such an attack
Public defence
Prevent the commission of an offence or effect a lawful arrest
Self defence act
S.76 criminal justice and immigration act 2008
Necessity of force
Subjective test- must be necessary in the circumstances which exist or what d genuinely believed existed
S.76 (3) CJIA act 2008
Ds claim will be judged on the facts as he genuinely perceives them to be
Mistaken beliefs
Gladstone Williams
D can be mistaken provided he genuinely believes there to be a necessity
Intoxication
S.76 (5) CJIA
If d is voluntarily intoxicated he cannot rely on his mistaken belief
O’grady
If the attack was imminent
Bird- does not have to wait for an attack to start but can get in the first blow
Hichens- violence can be aimed at an innocent third party
Reasonableness of force
S.76 (6) CJIA S.76 (7) CJIA palmer Martin Clegg
S.76 (6)CJIA
the degree of force used by d will not be considered as reasonable if it was disproportionate in the circumstances as d believed them to be
S.76 (7) CJIA
A person may not be able to weigh to a nicety the exact measure of any necessary action
And only done what be honestly and instinctively thought was necessary for a legitimate purpose
Palmer
Cannot weigh to a nicety the exact measure of his necessary defensive action
Martin
If force used is excessive it will be unreasonable and the defence will fail
Clegg
Threat must still be present for defence to succeed