Self defence Flashcards

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1
Q

What is the law on self defence regulated by

A

Criminal justice and immigration act 2008

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2
Q

What is self defence

A

D admits committing the actus reus with the necessary mens rea however they say they acted in delf defence

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3
Q

What type of defence is self defence

A

Full defence

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4
Q

What is the 2 part test for self defence

A

Was the force necessary and was the force reasonable

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5
Q

What will the D be judged against in self defence

A

The facts as they genuinely believed them to be

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6
Q

What case states that if you believe that an attack is going on and you intervene even if not, you can use self defence

A

Williams

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7
Q

Who cannot not rely on self defence

A

The aggressor

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8
Q

What case states the aggressor can not rely on self defence

A

Rashford

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9
Q

What happens if you attack first in self defence

A

The defence can still be used

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10
Q

What case states that you can attack first and it remains self defence

A

Beckford

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11
Q

What are the 5 facts that must be considered for deciding is the force was reasonable

A

The facts of the case
The facts as D believed them
The circumstances of the attack
The time available to D to decide his course of action
The risk to D balanced against the risk of harm to V

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12
Q

Who decides whether the force was reasonable

A

The jury

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13
Q

What case would you use for excessive force would not be allowed for self defence

A

Clegg

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14
Q

Who was the law on self defence updated for

A

Householders

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15
Q

What was the new law for householders for self defence

A

Their actions had to be grossly disproportionate for the degree of force to be regarded as unreasonable

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16
Q

What act and section amended the self defence law for householders

A

Crime and courts act 2013

17
Q

What is the 2 part test for householders

A

Was the force grossly disproportionate and was it reasonable in the circumstances

18
Q

When must the force be used by a householder n self defence

A

The force must be used by the D 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

19
Q

Can you use self defence with intoxication

A

No

20
Q

Evaluate self defence

A

Subjective tests, jury have not been in the same situation, mens rea is hard to prove, inconsistent sentencing, no middle ground, contradiction to parliament supremacy