General Defences Evaluation Revision Flashcards
Self-Defence A01 Intro
Who does the burden of proof fall on?
The prosecution must prove beyond reasonable doubt after D has raised evidence for it
Self-Defence A01 Intro
What is the effect of self-defence?
It is a general defence and leads to a full acquittal
Self-Defence A01 Intro
Where is self-defence written?
In the Criminal Justice & Immigration Act 2008
Self-Defence A03 Intro
Which cases have caused public debate whether self-defence meets the needs of the public?
Householder cases, such as R v Martin have caused public debate
Self-Defence A03 Intro
Which cases have caused public debate whether self-defence meets the needs of the public?
Householder cases, such as R v Martin have caused public debate
Self-Defence A03 Intro
Who is seeking to balance public protection and legal principle?
Courts and Parliament
Self-Defence A03 Intro
Why would the current law need a codification from Parliament?
Because it may not meet the needs of the current legal system
Self-Defence A03 Pt1
What is a good example of the current law on necessity of force?
Pre-emptive strike
R v Beckford
Self-Defence A03 Pt2
Which area of self-defence has caused debate?
Excessive Force
Self-Defence A03 Pt2
Which cases is excessive force seen in?
R v Martin
R v Clegg
Self-Defence A03 Pt2
What happens in England if the defence is regarded as excessive?
It fails completely
Self-Defence A03 Pt2
How much force can a householder use?
As much force as they deem necessary as long as it is not ‘grossly disproportionate’
Self-Defence A03 Pt2
The law says you do not have to weigh…?
Weigh to a nicety the amount of force you use, but the force cannot be excessive
Self-Defence A03 Pt2
Who are the decisions left to?
The jury to decide based on common sense
Self-Defence A03 Pt2
What are the criticisms?
The wording is confusing for the jury to decide when an act becomes excessive
