self-defence

Question 1

which act defined self defence
and what did it hold

Answer 1

S76.criminal justice and immigration act - force used to protect yourself,another or to prevent a crime

Question 2

stage 1

Answer 2

was the force used necessary
s.76(3)-D must genuinley believe that the force was necessary in given circumstances

Question 3

side rule -mistake

Answer 3

s.76 (4) the defence is availabe even if D makes an unreasonable mistake (gladstone williams

Question 4

case of mistake held

Answer 4

gladstone williams - defence avaliable if D genuinely believed thats force was necessary in the circumstances even though he was mistaken

Question 5

side rule of intoxication mistakes

Answer 5

s.76(5)-if the mistake occured due to D being intoxicated then defence isnt avaliable

Question 6

side rule of pre-emptive strike

Answer 6

the law will allow the D to hit the potential attavker to avoid being hit first (beckford)

Question 7

stage 2

Answer 7

was the amount of force used reasonable

Question 8

what did lord morris in palmer define reasonable as

Answer 8

1 in the heat of the moment d may not be able to weight to a neciety the exact measure of his defensive actions
2 if D had done whatthey honestly and instinctively thought was necessary then that is evident that only reasonable defensive actions had been taken

Question 9

side rule of exeessive force

Answer 9

exessive force is evident that the attack by D was retaliatory and thefore not in seld defense -martin

Question 10

side rule of crime and courts act 2013 -force used in homes

Answer 10

if self defence is used in the home of D it can be disproportionate as long as it is not grossly disproprtionate