self defence

Question 1

defintion ?

Answer 1

-defined s1(3) of criminal law act 1967
-‘a person may use force is reasonable in the circumstances in prevention of crime’

Question 2

what are the 2 requirments ?

Answer 2

-was the force neccesary
-was the force used reasonable

Question 3

first requirment ?

Answer 3

-was the force neccasry (bird)
-the action must have been neccsary because of a threat of unjustified harm to themselves, someoneelse, or prevention of a crime.
-courts will consider if threat was imment
-d dosent need to show retreat (bird)

Question 4

courts will consider (first requirment)

Answer 4

-will comsider if d made a mistake s76(4) about what is happening
-it cn be more diffcult to decide if force was neccsary as d belived them to be (gladstone)
-d cannot rely CJA2008 on being voluntarily intoxicated (o connor)

Question 5

second requirment ?

Answer 5

-was the force used reasonable
-s76(6) the degree of force used by d is not regarded as having been reasonable in the circumstances as d believed them to be.
-

Question 6

jury will be asked ? (second requirement)

Answer 6

-jury will decide whether force was reasonable as d believed
-s76(6) recongines a person under attack or stressed can’t recognise the force they use
-if evidence suggest a persons honestly the level of force is reasonable it will be satisfied
-if there is revenge (hussain) defence is invalid