Self Defence Flashcards
What kind of defence is self-defence
Complete - not guilty verdict
Where does the statute for self defence come from
Common law, amended by Criminal Justice and Immigration Act 2008
What are the 2 questions for self defence
Was it necessary to use any degree of force (subjective)
Was the force used proportionate (objective)
Cases and statute to support D relying on a mistaken belief that force used was necessary
Gladstone Williams and Beckford v Queen
S76 Criminal Justice and Immigration Act 2008
Case to say mental health can be disregarded
Seun Oye
Section to say you cannot rely on a mistake that is was necessary to use force due to voluntary intoxication
S76(5)
Case to show there’s no need to show a willingness to retreat
Bird
Case to show self-defence can stand if D initiates but V responds out of proportion
Rashford - however defence will fail if they are the aggressor throughout the situation
Case that suggests a bullet in the back won’t be found reasonable
Clegg and Martin
Danger had passed
What is the householder criteria
Force must be used while in or partly in a building that is a dwelling
D must not be a trespasser
D must have believed V to be a trespasser
What is the standard in a householder case
Force used must not be grossly disproportionate, confirmed in Ray
What may constitute a self-defence case
3(1) Criminal Law Act 1967
Defend them self from any criminal form of attack
Prevent an attack on another person
Defend his / her property (mugging)
