Reasoable Force Flashcards
What does s76 of the criminal justice act cover
If attacked in public or defending property or preventing crime
Which acts is associated with self defence excluding house holders and what does it say
Criminal justice and immigration act which is based on common law and s3 criminal law act which says force must be reasonable and proportionate
Under common law reasonableness depends on what
Circumstances of each case
Which case did the judge give the impression that the test was subjective so the defence was available if d believed it was necessary despite it being unreasonable
R v scarlet
Which case indicated it was neither subjective or objective
Owino
Which cases indicated that if force was excessive defence would fail
Tony Martin, r v clegg and r v hussain
What does the cj and I act ask in regard to the degree of force used
D was reasonable in the circumstances appears to be objective and subjective and that act States jury must take into account the circumstances as d saw them
What does section 76(6) say
If the force used is disproportionate by the standards of the ordinary man there is no defence
What does s76(4-8) say
If d did was he honestly and instinctively thought was necessary it would pass the reasonable test
And a person may not be able to weigh an exact nicety
What is the ultimate question for the jury
Was the amount of unreasonable
If not sure should ask what were the circumstances as d saw them
Which section defines householders and buildings together
S76(8A) CJ&I act as amended by the crime and courts act
How is a householder case defined
Where a person defends themselves or others from intruders in their own home
For self defence what are homes
Dwellings where people live including houseboats, caravans, forces accommodation and shops with Iiving accommodation
What type of defence can the householder used
Heightened defence
What does s76(6) say a householder will have access to the defence is the force used was
Disproportionate but not grossly disproportionate
Can an mistake be made and self defence be upheld
Yes as in Gladstone Williams
Fight between police officer who was not in uniform
Where have the legal principle from Gladstone Williams been enacted
S76(4) CJ & I act
If there is a genuinely held belief that force was necessary and the amount of force was reasonable the belief does not have to be
Reasonable
Does the mistake need to be reasonable
No
If d is intoxicate then the mistake can not be used as in
O’grady
Which act distinguishes between householders and non householders
Crime and courts act
