Necessity Defences: Self Defence Flashcards
1
Q
What is self defence/prevention of a crime
A
- complete defence in criminal law, if successful ,D is found not guilty
- covers actions needed to defences oneself from attack, actions taken to defend another or ones property
2
Q
Outline The case law for self defence/defence of another
A
- common law defence set out in R v Palmer
3
Q
Outline the case law for prevention of a crime
A
- statutory defence contained in S3(1) of the criminal law act 1957
4
Q
What is the definition of self defence
A
- using reasonable force in order to defend oneself
5
Q
What is the definition of prevention of a crime
A
- reasonable force in the circumstances in the prevention of crime
6
Q
What is the most basic form of self defence
A
- defending yourself/family/prevent crime - comes under common law:
- must be necessary to use force
- must be reasonable to use force
- it is a complete defence, including to murder, as D’s use of force is justified in the circumstances
7
Q
Who is entitled to ‘self defence’
A
- those who act reasonably and in good faith
8
Q
Outline ‘was it necessary to use force’ as a requirement of self defence
A
- subjective test
- when someone is attacked they do not have to retreat, but their ability to retreat will be considered
9
Q
Outline ‘was the force reasonable’ as a requirement of self defence
A
- objective test whether force is ‘proportionate’
- balance between risk Of harm to defendant and risk of harm to victim
