Self Defence Flashcards
Where is self defence defined?
Common law and the Criminal Justice and Immigration Act 2008.
What must the jury consider to decide if D can use self defence?
- Was it NECESSARY for D to use force?
2. Was the force used PROPORTIONATE to the perceived threat.
What does Beckford show?
D must think the threat is imminent, and can use pre-preemptive strikes.
What does Gladstone Williams show?
It does not matt if D makes an honest mistake, as long as they genuinely believe force is needed.
What does Bird show?
D does not have a duty to retreat, BUT if D has the opportunity to retreat and doesn’t, it is evidence against the fact that force was necessary.
What does O’Grady show?
D cannot make drunken mistakes
What does S76(3) show?
For a jury to decide if the force used by D was proportionate it must look at the circumstances as D believed them to be.
What does S76(7)(a) show?
D does not need to weigh up exactly how much force he needs to use in the heat of the moment.
What does S76(7)(b) show?
If D only does what they think they have to do, they probably did only do what they had to.
What does Hussain show?
Excessive force is not allowed. Revenge/Retaliation is not allowed.
