General Defences - Justifiable Use of Force Flashcards
S18(1)
No offence committed where use of force by a person is reasonable in the circumstances as he or she believes them to be in order to:
a) protect self or family member or another from injury, assault or detention caused by a criminal act; or
b) to protect self or another (with the authority of that other) another from trespass to the person; or
c) to protect own property from appropriation, destruction or damage caused by a criminal act or from trespass or infringement; or
d) to protect another’s property from appropriation, destruction or damage caused by a criminal act or (with the authority of that other) from trespass or infringement; or
e) to prevent a crime or breach of the peace
18(3)
Still criminal act even if duress, involuntary act, intoxication, insanity
s18(5)
S1 judged on the circumstances as the force user believed them to be
s18(6)
Even if justifying circumstances, no defence where no AGS acting in the course of their duty or person assisting AGS member unless believes the force to be immediately necessary to prevent harm to self or another
s18(7)
Defence does not apply where person who causes conduct or a state of affairs with a view to using force to resist or terminate it:
But can apply where the use of force arises only because the person does something he or she may lawfully do, knowing that such an occasion will arise.
s19
Not an offence to use force to effect or assist a lawful arrest where force reasonable in circumstances as believe them to be and judged based on circumstances as believe them to be
s20 - “Use of force” definition and points
(1) a) use of force includes applying for to a person or property and causing an impact on the body of that person or that property
b) use of force also i) threatening a person with the use of force or ii) detaining a person without actually using force
c) threatening a person with the use of force in relation to property
(2) S18 and s19apply in relation to acts immediately preparatory to the use of force as they apply in relation to acts in which force is used.
(3) A threat of force may be reasonable although the actual use of force may not be.
(4) The fact that a person had an opportunity to retreat before using force shall be taken into account, in conjunction with other relevant evidence, in determining whether the use of force was reasonable.
DPP v O’Connor
DPP v Barnes
DPP v Crawford
Defence of the Dwelling Act 2011
S2(1): it shall not be an offence for a person who is in his or her dwelling, or for a person who is a lawful occupant in a dwelling, to use force against another person or the property of another person where-
(a) he or she believes the other person has entered or is entering the dwelling as a trespasser for the purpose of committing a criminal act, and
(b) the force used is only such as is reasonable in the circumstances as he or she believes them to be-
(i) to protect himself or herself or another person present in the dwelling from injury, assault, detention or death caused by a criminal act,
(ii) to protect his or her property or the property of another person from appropriation, destruction or damage caused by a criminal act, or
(iii) to prevent the commission of a crime or to effect, or assist in effecting a lawful arrest
S2(2) Subsection (1) shall not apply where the person uses force against a member of the Garda Síochána acting in the course of his or her duty.
S2(3) doesn’t apply to self-induced self-defence.
S2(4): It is immaterial whether a belief is justified or not if it is honestly held but … the jury shall have regard to the presence or absence of reasonable grounds for that belief.
S2(5): It is immaterial whether the person using the force had a safe and practicable opportunity to retreat from the dwelling before using the force concerned.
S2(7): The use of force shall not exclude the use of force causing death.
S3: No requirement for an owner or lawful occupant in a dwelling to retreat from the dwelling.
