PAPER 1 SELF DEFENCE AND PREVENTION OF CRIME

Question 1

What does S.76 of the criminal justice and immigration act 2008 provide?

Answer 1

A complete defence for a person using self defence or preventing of crime or assisting the arrest of offenders

Question 2

What is the first element?

Answer 2

The force must be necessary based on the defendant’s genuine belief as to the facts.

Question 3

What was the first element confirmed by?

Answer 3

S.76(3) Criminal Justice and Immigration Act 2008

Question 4

Does it matter if the belief is mistaken?

Answer 4

No

Question 5

What did Lord Lane in Gladstone Williams state?

Answer 5

That the defendant must be judged against the mistaken facts as he believes them to be.

Question 6

But S.76(5) upholds the rule in O’Grady which is that

Answer 6

The mistaken belief cannot be relied upon where the mistake was induced by intoxication.

APPLY

Question 7

What is the second element?

Answer 7

That the defendant may only use reasonable force

Question 8

Under S.76(6) CIJA2008 the amount of force is not to be regarded as reasonable if what?

Answer 8

It is disproportionate in the circumstances.

Question 9

Under S.76(7) the defendant is expected to what?

Answer 9

“Weigh to a nicety the exact measure of any necessary action”

Question 10

What was considered unreasonable force?

Answer 10

In Martin when he killed an escaping intruder with a shotgun.

Question 11

There is no need to what?

Answer 11

Retreat.
Apply