Defences- Self Defence/self Defence Of Another And Prevention Of Crime Flashcards
Where is self defence/defence of another contained
Common law (palmer)
Where is prevention of crime contained
Statutory defence (s3(1) criminal law act)
What are the 2 elements for self defence/defence of another
- was force necessary
- was force reasoable
What does the element of was the force necessary say
The D must genuinely believe the force to be necessary, is a subjective test
What does the case of Williams say about the force being necessary
Mistaken belief will suffice, but not when the D is voluntarily intoxicated
What case says when the defence may be available
Attorney general reference- defence available when the D has made preparations for the attack but only if the items are ceased as soon as the threat isn’t imminent
What does the case of bird say about the force being necessary
There is still a defence available if the D chose to act and not retreat, however this amounts to a preemptive strike which doesn’t prevent liability but they may still have a defence even if they were the initial aggressor
What act talks about where the force wont be considered reasoable
S76(6) criminal justice and immigration act- force not reasoable if its disproportionate in relation to the circumstances as D believed them to be
What case was used to determine if force is reasoable
Palmer
What 2 things said in palmer are used to determine if force is reasonable
- if in a high intensity situation, there will be no time to make an assesment on proportionality/necessity of force (More likely to be considered reasonable)
- if d did what he honestly/instinctively thought was reasonable force (more likely to be reasoable)
What did the crime and courts act do about householders in relation to force
They changed reasonableness principles for force from homeowners to intruders
What section of the crime and courts act spoke about force in the place of residence and what was said
S43- householders may legitimately use disproportionate force against intruder (will be considered proportionate/reasonable)
When will force against an intruder not be considered reasonable
When its grossly disproportionate
What case is used for force against householders
R v justice secretary
What does the case of R v justice secretary say
The jury are to determine whether action is reasoanble in circumstance as he believed them to be
