Self-defence Flashcards
What kind of defence is self-defence?
Excusatory defence
Where is the private defence found?
Criminal Justice and Immigration Act 2008
S.76(3)
Whether the degree of force used by D was reasonable in the circumstances depends on the circumstances as D believed them to be
Whether the degree of force used by D was reasonable in the circumstances depends on the circumstances as D believed them to be
S.76(3)
S.76(4)
The reasonableness of the belief can be used to determine whether D genuinely held it
The reasonableness of the belief can be used to determine whether D genuinely held it
S.76(4)
If D genuinely held the belief, it is irrelevant whether…
- it was mistaken
- if it was a reasonable mistake to have made
D cannot rely on any mistaken belief attributable to voluntary intoxication
S.76(5)
S.76(5)
D cannot rely on any mistaken belief attributable to voluntary intoxication
S.76(5A)
In a householder case, the degree of force used by D is not reasonable in the circumstances as D believed them to be if it was grossly disproportionate in the circumstances
In a householder case, the degree of force used by D is not reasonable in the circumstances as D believed them to be if it was grossly disproportionate in the circumstances
S.76(5A)
The degree of force used by D is not reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances
S.76(6)
S.76(6)
The degree of force used by D is not reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances
S.76(6A)
There is no duty to retreat if D is threatened
There is no duty to retreat if D is threatened
S.76(6A)
S.76(7)
When considering whether the force was reasonable, S.76(7)(a) and S.76(7)(b) must be considered
When considering whether the force was reasonable, S.76(7)(a) and S.76(7)(b) must be considered
S.76(7)
A person may not be able to ‘weigh to a nicety the exact measure of any necessary action’
S.76(7)(a)
S.76(7)(a)
D may not be able to ‘weigh to a nicety the exact measure of any necessary action’
S.76(7)(b)
Having done what D ‘honestly and instinctively thought was necessary’ is evidence of reasonable force
Having done ‘what the person honestly and instinctively thought was necessary’ is evidence of reasonable force
S.76(7)(b)
Bird 1985
If D is threatened and does not retreat before using the force, the force can still be considered necessary
If D is threatened and does not retreat before using the force, the force can still be considered necessary
Bird 1985
Keane 2010
Can only make preparations to defend themselves if fearing an attack but cannot become the aggressor
