self-defence Flashcards
gladstone williams
honest mistakes are fine, as long as jury believe the force was necessary.
o’grady
cannot use self-defence if intoxicated.
S76(3) criminal justice and immigration act 2008
for a jury to decide whether the force was proportionate they look at: who/what id being threatened, type of threat, size/strength of D and V, history of relationship between D and V.
S76(7)(a)
force doesn’t have to be exactly the same, just similar. instinct.
S76(7)(b)
if D believes their force was necessary in the circumstances, it is likely to be considered reasonable.
hussain
revenge is not a reasonable force. It was excessive as V was running away.
where is self defence found
common law and the criminal justice and immigration act 2008
beckford
did D think the threat was imminent
bird
was there an opportunity to retreat