self-defence Flashcards
what type of law is used that allows self defence to be used to defend people
common law
what act is self defence held in and what does it state?
Criminal Law Act 1967
can use self defence to prevent crime
what are the 3 elements to be discussed for self defence?
- D must believe that the force is necessary even if they made a mistake
- D does not need to wait to be attacked if they believe the force is necessary
- The force must be reasonable in the circumstances
(look at how D saw them, jury decides if force was reasonable
what is the case used for…
D must believe force was necessary even if they made a mistake
1
Williams (police, fight)
what is the case for…
D does not need to wait to be attacked if they believe the force is necessary
2
A-G REF
what is the case (act) for…/
The force must be reasonable in the circumstances
3.1
criminal justice and immigration act 2008
what is the case for…
Look at circumstances as D saw them and jury decide if force was reasonable
3.2
hussain
