Necesity Defences Flashcards
In what statute is self defence confirmed in ?
s76 of the criminal justice and immigration act 2008
To use the self defence, defence what questions must be asked ?
Was it necessary to use this degree of force ?
was the degree of force used proportional or reasonable ?
Can D pre-empt and attack and strike out in self defence ?
Yes as per R V Bird (1986)
What would happen if D was the initial aggressor ?
D would still be able to argue for self defence, unless they remained the aggressor throughout ?
What is the rule on proportionate force ?
In all situations, (except as a householder) force that is disproportionate will be considered unreasonable therefore not legal
What is the house holder case ?
Force must be used by D while in or partly in a building that was in dwelling
D must not be a trespasser
D must believe V is a trespasser
What happened in R V Ray (2017) ?
D and V’s ex partner were together in the former shared home, V arrived in an angry mood and fought with D, D feared V would fatally stab him so D stabbed V first
what 3 instances can reasonable force be used in ?
D defending themselves from a criminal attack
D preventing an attack on another person
D defending their property
What is duress not a complete defence for ?
murder & attempted murder
What is the test for duress, set out out in r v Hasan (2005) ?
There must be :
Threat to cause death or serious injury
directed at D, their family or someone close to them
Whether D acted reasonably or not will be judged objectively
Threats relate directly to the crime committed by D
no evasive action D could have taken
D cannot use the defence if they have voluntarily laid themselves open to the threats
In the event that D raises this defence, who must prove beyond all reasonable doubt, that D was not under duress ?
The prosecution
What happened in R v Willer (1986) ?
D, was driving down a narrow road, but felt as though he had to drive on the pavementin order to escape, & reported the incident to the police
