general defences Flashcards
briefly explain self defence
a complete defence for all fatal and non-fatal offences and if succesful D not guilty.
Defence in common law and statute, covering self defence, defence of another and defence of a property
what does the S76 of criminal justice and immigration act 2008 govern for self defence?
the common law of self defence and defence of another and defence of a property
what does S3(1) of the criminal law act 1967 create for self defence?
statutory self defence in the prevention of crime or effecting or assisting in a lawful arrest
what are the 2 questions used in order for a defence of self defence to suceed?
- was it necessary to use any degree of force?
- if so, was the degree of forced used proportionate or reasonable to the harm threatened or the risk to be averted?
what are the 3 ideas used to show if it was necessary to use force as part of self defence?
-include names of cases
- D will be judged on facts as he/she believed them to be (subjective test): R v WIlliams (Gladstone)
- a person is not under a duty to retreat so it sufficient if the D apprehends an attack: R v Bird
- defence is still available even if D was not original aggressor, however this is not the case if it was D’s intention all along to give themselves an excuse to tuse more serious violence: D v Rashford
what does S76(5) of the CJ&I Act 2008 confirm to show if it was necessary to use force as part of self defence?
if D nade the mistake because he/she became voluntarily intoxicated and made a mistake due to the intoxicated state then he/she cannot rely on their mistaken belief.
briefly explain how a person is judged on if the degree of force used as self defence is proportionate or reasonable to the threat
-1 householder case to include
considered on the facts as they were, or if D made a mistake, and the facts D genuinely believed them to be.
S76 (6) states that force which is disproportionate will not be reasonable.
-R v Martin (2002) householder case
briefly explain the use of reasonable force in the case of householders and how this has changed through acts
Crime and Courts Act 2013 under S43 has amended the Criminal Justice and Immigration Act 2008 to give a wider defence to householders where an intruder endters their property.
S76 states in householder cases degree of force will be reasonable unless it was grossly disproportionate, so it doesn’t give householders the right to use any degree of force they choose.
party fight
R v Bird (1986)
-case to show if necessary to use force as part of self defence
sum: D’s ex bf had ana rgument at party, he left when asked but cameback and got injured in next argument
sig: court ruled withdrawing or showing signs of unwillingness to fight is good evidence that D is acting reasonably
R v Rashford (2005)
-case to show if necessary to use force as part of self defence
sum: D intended to attack V in revenge for an earlier dispute, but V and friends responded disproportionate to D’s agression
sig: court held D will only lose defence by being an agressor. D can rely on self defence, depending on if they thought they were in immediate danger and violence used was no more than necessary to protect themselves from injury or death
