Necessity Defences Ch12 Y2 Flashcards
What are the necessity defences?
Self Defence
Duress of threat
Duress of circumstances.
What type of defence is self defence?
Full Defence
What is the 2 part test for self defence?
1) was it necessary to use force
2) was the force used proportional
In self defence, from who’s perspective are the facts judged?
The defendants as the genuinely belived them to be
In self defence what cases illustrate that the facts are judged as the defendant genuinely beloved them to be?
R v Gladstone and Williams
Beckford v the queen (privy council case) [highly persuasive]
What does S76(3) of the Criminal justice and Immigration Act 2008 state?
The question of whether the degree of force used is reasonable is decided by the circumstances and D belived them to be
What does S76(5) of the Criminal justice and immigration act 2008 state?
If a mistake of the facts is made because of intoxication by drink or drugs, the defence fails.
What does R v Seun Oye state?
Where d has delusions resulting from mental health, it cannot be taken into consideration
What does R v Bird state?
Pre-emptive strikes are allowed and D does not have a duty to retreat
What does R v Rashford state?
D will only lose defence by being the aggressor through the whole situation
What is a householder case?
Force is used while d is in a building that’s a dwelling
D must not be a trespasser
D must believe the victim is a trespasser