Self defence Flashcards
What act does self-defence come under?
Criminal law act 1967
What is the structure for self-defence?
1-Was the action necessary?
2- Was the force used reasonable?
What comes under Was the action necessary?
1) Revenge
2) Retreat
3) Pre-emptive strike
4) 76 (4) (honest mistake to the facts) … but 76 (5) (drunken mistake to the facts)
What comes under Was the force used reasonable?
1) 76 (6) (proportionate)
2) 76 (7) (weigh up to a nicety and some)
What case allows you to look for revenge?
R V Rashford.
What case means there is no need to retreat?
R V Bird.
Which case allows for a pre-emptive strike?
R V Beckford.
S76 (4)
the mistake should be seen as the D honestly believed it to be.
Which section does William and Gladstone apply to?
The mistake should be seen as the D honestly believed it to be.
S76 (5)
The D cannot rely on mistake if they were intoxicated.
Why is self-defence a risky choice?
- It is an all or nothing decision.
- Fear trigger of LOC often an alternative
What is 76 (6)
The force needs to be proportionate (the force, not result, is important).
76 (7)
Weigh force up to a nicety and some. (for a legitimate purpose +25%)
R V Martin
-Jury should consider a characteristic that would affect the self-control of an individual in a case which involved provocation.
What is a public and private defence (use in intro)
- Public- right to make citizens arrest.
- Private defence allows protection themselves, another or property.
- R V Cousins (law applies the same)
