General Defences 👮♀️⛓ Flashcards
Kind of defence of self defence/prevention of crime? 
Complete Defence
What act is self defence/prevention of crime under? 
S.76 criminal justice+ immigration act 2008
The first stage of self defence/prevention of crime? 
Whether the force used was unnecessary - s.76(3+4) - The rest is based on the subject of test - based on the defendants belief
(R vBeckford)
( R v Yarman)
However - s.76 [5] Force unbelief will not be genuine if defendant made judgement whilst being intoxicated ( R v O’Grady) 
Unless You have genuine evidence of an attack against you R v McGrath 
What is the second stage of self defence/prevention of crime?
- Whether the force was reasonable - proportional s. 76[6] based on objective test - would the Reasonable man deem it proportional?
R V Clegg - threat had passed
R v Martin 
S. 76 [7] - R v Palmer jury does not expect defendant to weigh to a nicety the exact measure of force
What are the positives and negatives of stage to self defence / prevention of crime ( s.76 [7])
+ you Can make a pre-emptive strike no duty to retreat - ( R v Bird )
- Cannot rely on defence if you are the aggressor unless the force used against you was disproportionate (R v Keane )
+Homeowners s.76 [5A] - ( A Just means amendment or addition added in) - homeowners force will be unreasonable if grossly disproportionate
R v Hussain+ Hussain
Omari Roberts
Tracy Ferrie
What is the intro for law on self defence evaluation? what does it help confine
Law on self defence has been codified under the criminal Justice + immigration act 2008- This confirms old common principle helps with clarity
How do we evaluate stage one of self defence ?
Was it necessary to use force S.76(3+4) - use the subjective test on D’s belief - (R v Yarman) (R v Beckford)
+ Test as essential as only defendant can explain they fear in the situation everyone’s response is different
S.76 (5) - Defendants belief is not genuine if intoxicated ( R v McGrady)
however it can be if you have genuine evidence and there was attacked against you (R v McGrath)
+ Passes an important message that intoxication is not an excuse for a crime
However R v McGrath makes a common sense principle they can still have the defence while intoxicated
How do we evaluate self defence stage two?
S.76(6) was force Use the reasonable was it proportional? - the objective test ( R v Clegg ) - threat has passed (R v Martin)
+ sets acceptable standers Of behaviour
And Avoids the potential that someone could lie
- however - Subject to test me help only D was in that moment
So this really has the jury thinking like the defendant
How do we evaluate the second point in stage two of self defence?
S. 76(7) Jury must not expect the defendant to weight to a nicety of the exact measure of force - ( R v Palmer)
+ no tolerance of violence
+ allows Flexibility
+ Allows laws to unify loss of control 55(6) (a+b) CJA (R v Daws) 2009
- Disproportionate- vague - need clarity
How can we evaluate the making a preemptive strike with no duty to retreat (R v Bird)
- hard to Jude proportionally
+ allows D to protect self when necessary - no duty to retreat and stage 1 contradictory
- allows D to be taking law into own hands - encourages violence
How do we evaluate self defence home owners case S.76(5A) ?
Response to R v Martin Force will be reasonable unless it’s not grossly disproportionate
( R v Hussain Hussain )
( Tracy Ferrie )
+ Home Life important- where people feel Safest
- encourages Extrems violence - law is taken into own hands
- What is grossly disproportionate
How do we evaluate what kind of defence self defence is ?
How was the outcome for murder resolved ?
General defence - All or nothing
- does not act as a form of mitigation
Murder - HOL - select committee campaigned partial defence - manslaughter - resolved by LOC fear trigger S.55(3) (R v Ward)
However arguably seen as disproportionate failed stage 3 LOC
how can we go evaluate the reforms of Self Defence
Self defence - seen as a legitimate deference of an unlawful attack against you or others
Attack must be immediate- should always retreat
Force must be necessary proportionate - same as current law
- immediate- vaguely applied in law so need clarity on meaning
How do we go through the Criticisms of intoxication? (Into)
2 types of intox - voluntary and involuntary
What is voluntary intoxication a defence for ? (Criticisms)
Specific intent crimes - should it be a defence ? - alcohol causes problems within society - pressure NHS
- aggravating factor but also a defence
Mitigating force ? no defence
What are the criticisms of basic intent / specific crimes ?
DPP V Maljewlski - basic intent one with recklessness no defence
S.3 R v Heard - sexual offences act Basic intent crime with no MR - Made policy decisions unclear
How do we evaluate R v Kingston?
R v Kingston - Lord Musthill -no clear distinction between specific and basic crime MENT to be soully separate law
However rule is unfair no drop down defence
Murder- Manslaughter
Theft - ?
How does intoxication operate differently from different defences? 5 examples ?
Unclear and inconsistent
Consent - R v Aitkens - allows drunken mistake
Lawful excuse S.5 CDA - (Jaggard V Dickson )
Self Defence - no drunken mistake - goes against Jaggard V Dickinson
Dim Res- accepted as a Medical condition - (R v Dowds )
automatism - don’t accept drunken induction- R v Bailey
How can we criticise the intent within self defence
Drunken intent - Still indent - VI - R v Parker
II - AG ref for NI v Gallagher
+ Protects the victim prevents D to use alcohol to justify actions
❌ issues with R v Kingston - not have acted on urges if had not been drugged
However harshness of R v Kingston helped protect the victim
How can we criticise in voluntary intoxication within the criticisms of intoxication?
IV - No definition - case law cratered a list of what may be in voluntary intox
R v Hardie - Opposite effect so it was fair for def as there was no of knowledgeable risk
Med had dif Effects on people
However R v Allen - no defence did not know the stength ? logical
How can we criticise the reform of intoxication?
Law commission 2009 - approve the Maljewlski Rule - would Defendant to take the risk or be aware of risk had be not been intoxicated - no defence
What provides a list of examples or criticism under intoxication?
In voluntary intoxication
What may you be allowed in Criticisms of intoxication? 
Duress - keep hardie Medication spiking 
What is Duress?
Threat of force to steal 
