Self defence Flashcards

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1
Q

What act does self-defence come under?

A

Criminal law act 1967

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2
Q

What is the structure for self-defence?

A

1-Was the action necessary?

2- Was the force used reasonable?

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3
Q

What comes under Was the action necessary?

A

1) Revenge

2) Retreat

3) Pre-emptive strike

4) 76 (4) (honest mistake to the facts) … but 76 (5) (drunken mistake to the facts)

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4
Q

What comes under Was the force used reasonable?

A

1) 76 (6) (proportionate)

2) 76 (7) (weigh up to a nicety and some)

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5
Q

What case allows you to look for revenge?

A

R V Rashford.

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6
Q

What case means there is no need to retreat?

A

R V Bird.

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7
Q

Which case allows for a pre-emptive strike?

A

R V Beckford.

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8
Q

S76 (4)

A

the mistake should be seen as the D honestly believed it to be.

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9
Q

Which section does William and Gladstone apply to?

A

S76 (4) The mistake should be seen as the D honestly believed it to be.

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10
Q

S76 (5)

A

The D cannot rely on mistake if they were intoxicated.

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11
Q

Why is self-defence a risky choice?

A

-It is an all or nothing decision.

-Fear trigger of LOC often an alternative

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12
Q

What is 76 (6)

A

The force needs to be proportionate (the force, not result, is important).

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13
Q

76 (7)

A

Weigh force up to a nicety and some. (for a legitimate purpose +25%)

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14
Q

What is a public and private defence (use in intro)

A

-Public- right to make citizens arrest.

-Private defence allows protection themselves, another or property.

-R V Cousins (law applies the same)

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15
Q

R V Clegg

A

-Was a greater degree of force used than reasonable to defend oneself?
-Does not matter if you are a police man.

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16
Q

Which case ties together public and private defence?

A

R V Cousins