Self-Defence^ Flashcards
1
Q
Act?
A
Criminal Justice and Immigration Act 2008
2
Q
Common law?
A
you can use force to protect yourself, someone else and property
3
Q
Statutory Defence
A
use force to stop crime is allowed
Criminal Law Act 1967
4
Q
Elements
A
- Was the force used necessary?
- Was the degree of force used proportional?
5
Q
R V Williams
A
D will be judged on the facts they genuinely believed them to be even if unreasonable
6
Q
R V Present Thompson
A
mental condition - believe they need to use force
7
Q
R V Bird
A
pre - empted strike
D can use self-defence before they are attacked if they genuinely believe they will be attacked
8
Q
R V Rashford
A
the aggressor can become the victim
9
Q
R V Martin
A
if the force is excessive the defence fails
10
Q
R V Clegg
A
force can be proportional then become disproportional
11
Q
R V Ray
A
in householder cases, the force must be grossly proportional for the defence to fail
