General Defences - Self Defence P1 Flashcards
What other name is self defence known as
Prevention of crime
What are the two routes which can be taken for self defence/ prevent of crime
Common law - Criminal Justice & Immigration Act 2008
Statue - S3 Criminal Law Act 1967
When would the court use the rules set out by common law for self defence
When D is defending himself from an attack, prevent an attack on another person and/or property
When would the statute rules be used for self defence
When D uses self-defence in the prevenion of a crime or to assist in a lawful arrest
What is the second stage after establishing if it is the statute or common law type of self defence
Was the use of force necessary
What is meant by was the force necessary for stage two
Subjective and based on the facts as the D believes them to be
Based on the situation as D saw it, was the force used necessary
Which case is used to show necessary forced based on the fact as D believes them to be and involved someone beating up another person who was previously beating up a robber
Gladstone Williams
What is the issue with involuntary intoxication with self-defence
Unlikely that the force used was necessary - O’Grady
If someone is suffering from delusions, if there force necessary
Based on the delusions that D believes them to be, then the force can be classed as necessary
Which case shows that force used by someone experiencing delusions can be necessary
Oye
What is meant by per-emptive strikes
D strikes before V does anything for D to use self-defence for
Is pre-emptive stikes still self-defence
Yes - there is no general duty to retreat from an attack before using self-defence
Which two cases show D doesnt have to wait for V to strike first
Bird
Beckford
If D is the agressor and instigates the act from V which caused D to use self-defence, is this still classed as self-defence
Yes - as long as the force in Vs response is wholly disproportionate to Ds first action, and D did not aim for this all along
Which case showed D can still use self-defence if he instigated the act but Vs response was disproportionate
Rashford
What is the third stage to establishing self-defence
Was the force used by D proportionate to the circumstance
What is meant by the third stage of self-defence (porportionality)
Objective test
Explained by the S76(7) Criminal Justice Act 2008
Where D has done only what he thought was necessary for a legitimate purpose (something real)
Jury must be satisfied that no RM in Ds situation with same time for reflection would have done the same
What do the courts take into account with the third stage of self-defence (proportionality)
D may not be able to weigh to a nicety
D does not have the opportunity to reasonably think about actions that D is about to take
Which case showed Ds acts were excessive as joyriders were driving away when D shot and killed
Clegg
Which case showed Ds acts were excessive as D shot burglars in the back as they were leaving
Martin
Which statute was used to give more protection to householders
Crime and Courts Act 2013
What does the Crime and Courts Act 2013 allow for householders
Allows householders to use disproportionate acts to protect property as long as it is not grossly disproportionate
What 3 things make someone a householder and allow disproportionate force
Force must be used by D while in/partly in a building that is a dwelling
D must not be a trespasser
D must have believed V to be a trespasser
