Self-Defence Flashcards
What is the definition of Self-defence?
Can be applied to fatal/non fatal offences, covers situations where one defends themselves, another or property.
what is self defence defined under?
Common law and statute - s3(1) Criminal Law Act 1967 - common law defence Criminal justice and Immigration Act 2008.
What does s76(1) CJA 2008 state?
asks whether force used by the D against the person is reasonable.
How is the amount of force determined by the jury under s76 CJAI 2008?
Person under the same amount of stress cannot calculate the amount of force that can be used.
D only used force they ‘honestly and distinctively’ thought was necessary.
Can force be used when there is no longer danger?
No, as in the case of Hussain where the intruders ran off but the D chased after them anyways.
Are pre-emptive strikes allowed?
Yes.
What does the case of Williams show?
if the D genuinely believed the amount of force was necessary - if the mistake was a reasonable one to have been made.
What is the rule with intoxication?
under s76(5) if the mistake was due to being voluntarily intoxicated the defence will not be satisfied.
What does s43 of the Crime and Courts act allow?
Allows home owners to use reasonable force to protect property as long as it is not disproportionate.
What happened in the case of Collins v Secretary of State of Justice?
Homeowner held a burglar in a headlock leading to brain damage, the degree of force was not grossly disproportionate.
