Defences: Self-Defence Flashcards
What type of defence is self-defence?
A full defence.
What is the result of a successful use of this defence?
An acquittal.
Who is the burden of proof on?
The prosecution.
What does the prosecution have to prove?
- That D was not acting under self-defence.
- That D used excessive force.
Where does the law on self-defence come from?
- Common law.
- Section 3 of the Criminal Law Act 1967.
- The Criminal Justice and Immigration Act 2008.
What does the term self include?
Defending others.
What does Section 76 of the Criminal Justice and Immigration Act 2008 state?
“A person may use such force that is reasonable in the circumstances in the prevention of crime.”
When can force not be used?
When the danger has passed.
What did AG Ref state?
D can pre-empt an attack and make preparations for the attack.
What does Section 43 of the Crime and Courts Act 2013 state?
Householders can use up to “grossly disproportionate force.”
What are the requirements to be classed as a householder?
- The force must be used in a dwelling.
- D must not be a trespasser.
- D must believe V is a trespasser.
What was held in R v Gladstone Williams?
D can use the defence of self-defence if they make an honest mistake about the use of self-defence.
