Self-defence Flashcards
What type of self-defence falls under common law?
Self-defence and defence of property
What statute amends common law self-defence?
Criminal Justice and Immigration Act 2008
What type of self-defence is a statutory defence?
The prevention of crime or assisting or effecting a lawful arrest
What statute governs the prevention of crime or assisting a lawful arrest?
S.3 (1) Criminal Justice Act 1967
What was held in R v Gladstone Williams?
(Self-defence)
His conviction was quashed as he had a mistaken view of the facts
What was held in Beckford v The Queen?
(Self-defence)
The Privy Council decided the need to test for self-defence and it must be that D believes the use of force was necessary
What is stated in S.76 (3) Criminal Justice and Immigration Act 2008?
(Self-defence)
Was the degree of force reasonable in the circumstances
What is stated in S.76 (4)(a) Criminal Justice and Immigration Act 2008?
(Self-defence)
Defendant’s perceived threat must be reasonable
What is stated in S.76 (4)(b) Criminal Justice and Immigration Act 2008?
(Self-defence)
The belief of threat was genuine and relies on the force used
What is stated in S.76 (4)(b)(ii) Criminal Justice and Immigration Act 2008?
(Self-defence)
The mistaken belief of the facts must be reasonable to make
What is held in S.76 (5) Criminal Justice and Immigration Act 2008?
(Self-defence)
The mistaken belief of the facts cannot be relied upon if caused by intoxication
What was held in R v Seun Oye?
(Self-defence)
Delusions of the mind and mental illness is not taken into account for self-defence
What was held in R v Bird?
(Self-defence)
Withdrawing or showing an unwillingness to fight is good evidence but is not required for a pre-emptive strike
What was held in R v Rashford?
(Self-defence)
The defendant will only lose the defence when acting as an aggressor for the whole situation
What is stated in S.76 (6) Criminal Justice and Immigration Act 2008?
(Self-defence)
Except in a householder case, force which is disproportionate will be unreasonable.