Self-Defence Flashcards
What are the 3 situations where the use of force may be justified
- Self Defence
- Defence of property
- Prevention of a Crime
What are the 2 steps to self defence
- Was force used necessary
- Was the force used reasonable
What case shows that D can do a pre-emptive strike
Beckford
What case shows that D can use threats of force/death to stop an attack
Cousins
What case shows that D can prepare for an attack
AG Ref No2 1983
What case shows that D has no duty to retreat
Bird
What case shows that using force on the attacker if the attacker is running away is unnecessary
Hussain and another
What case shows that D should be judged on his genuine mistaken view of the facts
Williams
What section & act shows that D should be judges on his genuine mistaken view of the facts
s76(3) Criminal Justice and Immigration Act 2008
What section & act shows that D cannot rely on any mistaken belief if the belief is due to being voluntarily intoxicated
s76(5) Criminal Justice and Immigration Act 2008
What section & act explains the amount of force that can be used
s76 Criminal Justice and Immigration Act 2008
What are the 2 steps to confirming whether the amount of force used was reasonable
a) D may not be able to weigh to a nicety the exact measure of necessary action
b) D did what they honestly and instinctively thought was necessary
What cases show that D must do what he ‘honestly and instinctively’ thought was reasonable
Owino
Martin
What case shows D can fight back after instigating a confrontation
Rashford
What section and case is used for householder cases
s43 Crime and Courts Act 2013
In householder cases, when won’t the degree of force be reasonable
If the force used was ‘grossly disproportionate’
What are the 2 cases used for excessive force
Martin
Clegg
