Idk

Question 1

What is the common law principle that allows an individual to protect themselves?

Answer 1

Self defence

Question 2

What is the common law principle that permits a person to protect another individual?

Answer 2

Defence of another

Question 3

Which section of the Criminal Law Act 1967 addresses prevention of a crime, protection of property, and arrest of offenders?

Answer 3

S.3(1) Criminal Law Act 1967

Question 4

What is a common requirement for the defence of self, defence of another, and prevention of a crime?

Answer 4

Reasonable force in the circumstances

Question 5

Fill in the blank: The _____ of self is a common law principle that allows individuals to protect themselves.

Answer 5

Defence

Question 6

Fill in the blank: The _____ of another is a common law principle that allows individuals to protect others.

Answer 6

Defence

Question 7

True or False: The Criminal Law Act 1967 allows for the use of excessive force in the prevention of a crime.

Answer 7

False

Question 8

What does S.76 of the Criminal Justice and Immigration Act 2008 state about reasonable force?

Answer 8

It acknowledges that a precise calculation of necessary action is not required for assessing reasonable force.

This law emphasizes the importance of the individual’s honest and instinctive belief regarding the appropriateness of the force used.

Question 9

What is a key factor in determining if defensive action is reasonable according to S.76?

Answer 9

Evidence that the defendant ‘honestly and instinctively’ believed the level of force used was appropriate.

This subjective belief can significantly influence the assessment of the reasonableness of the defensive action.

Question 10

In what situation is the self-defence claim not available?

Answer 10

If the force is used after all danger from the assailant is over, such as in cases of retaliation or revenge.

This principle ensures that self-defence cannot be invoked for actions taken after the threat has ceased.

Question 11

What was the outcome of R v Hussein (2010)?

Answer 11

Self-defence was not available as the threat had passed when D and T chased the intruders and caused serious harm.

This case illustrates the limitation of self-defence when the immediate danger is no longer present.

Question 12

What were the circumstances of R v Clegg (1995)?

Answer 12

D, a soldier, fired shots at a car that failed to stop at a checkpoint, killing a passenger after the car passed him.

The court ruled that self-defence was not applicable as the threat had passed, making the last shot excessive.

Question 13

True or False: A precise measure of necessary action is required to determine reasonable force in self-defence.

Answer 13

False.

The law acknowledges that a precise calculation is not necessary for assessing reasonable force.