Necessity Defences Flashcards
What act and section gives the defence of self-defence?
s3(1) Criminal Law Act 1967
s3(1) Criminal Law Act 1967
Provides for legal defence of self-defence.
Permits the use of such force as is reasonable to prevent crime or assist in a lawful arrest.
What does the common law defence of self-defence provide?
Use of such force as is reasonable.
To defend self or another or property.
As amended by Criminal Justice and Immigration Act 2008.
What act and section amends the provisions in the common law for self defence?
s76 Criminal Justice and Immigration Act 2008
What two questions are to be asked in answering the question whether D used such force as was reasonable in the circumstances in self-defence?
1) was it necessary to use force?
2) was the force used reasonable?
The question of ‘was it necessary to use some force’ regarding a legal defence of self defence is objective or subjective?
Subjective
The question of ‘was the force used reasonable?’ regarding the legal defence of self-defence is objective or subjective?
Objective
What case supports the principle that D should be judged according to their genuine mistaken view of the facts regardless of whether mistake was reasonable or unreasonable?
R v Gladstone Williams (1987)
Facts: D witnessed what he thought was a fight, intervened and injured a man.
R v Gladstone Williams (1987)
Principle: D should be judges according to genuine mistaken belief despite the circumstances.
Facts: D witnessed what he thought was a fight, intervened and injured a man.
What case demonstrates that the test for self defence is a person may use force if they honestly believe there is a threat to life?
Beckford v The Queen (1988)
Facts: D was Jamaican policeman who fired at and killed a suspect leaving a house, believing them to be armed. D NOT guilty of murder.
Beckford v The Queen (1988)
Principle: if D genuinely believes there’s a threat to life D can apply reasonable force.
Facts: D was Jamaican Police officer who shot at and killed a suspect he believed to be armed.
What act and section gives provision that D cannot claim self-defence for a mistaken belief induced by voluntary intoxication?
s76(5) Criminal Justice and Immigration Act 2008
s76(5) Criminal Justice and Immigration Act 2008
D cannot use legal defence of self-defence if mistaken belief was caused by voluntary intoxication.
What is the problem with allowing people suffering from delusions to have a defence of self-defence based on genuine mistaken belief?
A successful plea of self-defence means D doesn’t have to go to hospital leaving the public at risk.
What case demonstrates that where D has delusions their mental illness is not to be taken into account in the objective test?
R v Seun Oye (2013)
Facts: D attacked police in a coffee shop. Claimed he was being threatened by evil spirits.
R v Seun Oye (2013)
Principle: where D has delusions their mental health is not to be considered for the objective test.
Facts: D attacked police in coffee shop claiming he was being threatened by evil spirits.
What case demonstrates that showing an unwillingness to fight is good evidence D is acting reasonably in supporting a claim of self-defence?
R v Bird (1986)
Facts: D hit her ex who kept showing up uninvited. V had pinned D against wall and self defence was allowed.
R v Bird (1986)
Principle: showing an unwillingness to fight is evidence D is acting reasonable in supporting a claim of self-defence.
Facts: D hit ex who kept showing up uninvited. V had pinned D against wall. D successfully proves self-defence.
In what circumstance can D be the aggressor and claim self-defence?
What case supports this?
Where V reaction is disproportionate to D actions.
R v Rashford (2005)
What case supports the principle that D can claim self defence even if they are the aggressor?
R v Rashford (2005)
Facts: D sought out V. V reacted disproportionately and D switched from aggressive to defensive actions.
R v Rashford (2005)
Principle: D can claim self defence even if they are the aggressor.
Facts: D sought out V but V reacted disproportionately. D switched from aggressor to defender.
What act and section provides that D cannot claim self defence in household IF force is grossly disproportionate?
s76(5A) Criminal Justice and Immigration Act (2008)
s76(5A) Criminal Justice and Immigration Act 2008
Householders cannot use claim of self-defence IF force is grossly disproportionate.
What case demonstrates a time when D used force that was not appropriate as the threat had ended?
R v Clegg (1995)
Facts: D was soldier in NI and shot multiple rounds at car that refused to stop for VCP. Last round killed passenger as car was diving away.
R v Clegg (1995)
Principle: Force is unreasonable if it is applied after threat has ended.
Facts: D was soldier in NI who shot rounds at vehicle that refused to stop for VCP. Last round killed passenger as vehicle drove away. D convicted of murder.
What case demonstrates an occasion where D was charged with murder after ‘defending their home’?
R v Martin (2002)
Facts: 2 burglars broke into D home. D shot both with shotgun as they ran away. D’s self defence claim was rejected as the threat had ended.
R v Martin (2002)
Example of: D applying unreasonable force on home invaders as they were leaving.
Facts: D shot intruders with shotgun as they left his property.
What three circumstances make a case a householder case?
1) force used by D must be while D in or partly in building
2) D must not be a trespasser
3) D must have believed V to be trespasser
