Reasonable Force Defences Flashcards

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1
Q

Criminal Law Act 1967 s3(1)

A

The prevention of crime or effecting the lawful arrest of offenders can be relied on as a defence to any offence, as long as reasonable force is used

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2
Q

R v Bird

A

Defendant does not need to retreat, or wait for his assailant to strike first, to invoke a defence of self-defence

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3
Q

Palmer v R

A

The courts recognise that defendants cannot ‘weight to a nicety’ in every situation what actions are reasonable, and give some discretion as a result

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4
Q

Criminal Justice and Immigration Act 2008 s76(3)

A

The question of whether the degree of force used was reasonable is decided by reference to the circumstances as the defendant honestly believed them to be

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5
Q

Criminal Justice and Immigration Act 2008 s76(5A)

A

The test for reasonable force in householder cases is whether the force used was ‘grossly disproportionate’

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6
Q

Criminal Justice and Immigration Act 2008 s76(6)

A

The test for reasonable force in non-householder cases is whether the force used was disproportionate

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7
Q

R v Williams (Gladstone)

A

An honest mistake as to the need for self-defence or the prevention of crime does not preclude a defendant from invoking the defence

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8
Q

R v Dadson

A

A defendant cannot rely on facts of which he was unaware at the time to invoke a defence of self-defence

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9
Q

R v Clegg

A

Self-defence cannot be invoked as a partial defence to a crime (i.e. downgrading murder to manslaughter), only against conviction as a whole

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10
Q

R v Hopley

A

As a defence to assault, parents are entitled to use force to discipline their children so long as it doesn’t exceed moderate and reasonable chastisement

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11
Q

Children Act 2004 s58

A

Reasonable chastisement can be raised as a defence to simple and common assault, but not to offences under the OAPA 1861

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