Self Defence Flashcards
Self Defence Legislation?
S18-20 NFOAP 1997
S18: if person uses force which reasonable in circumstances as they believe, it does not constitute offence
When can force be used self defence?
🔑 injury / assault / detention
🔑 personal trespass
🔑 protect property from theft / damage / destruction
🔑 prevent crime / maintain public order
Dpp v browne (capital murder resisting arrest)
🔑 if A created situtation defence not allowed
Self Defence: Fatal Force?
AG v Dwyer: considered murder or manslaughter?
Walsh: manslaughter if honestly believed was necessary
Butler: MS if SD primary intention
Both concluded excessive but honestly believed force manslaughter
Self Defence: Test to secure conviction fatal force?
AG v Keatley 1954 prosecution must prove:
🔑 use of force unnecessary
🔑 force actually used more than necessary
🔑 A acting in revenge/ retaliation/ desire to fight
🔑 defence of lawful use of force applies defence of others
Self Defence: Burglars?
Dpp v Barnes 2006
Burglar cannot lawfully lose life solely for trespassing
Householder right to defend home & cannot be obligated to flee (D&D act 2011)
S20(4) 2011 Act considers opportunity to retreat at factor in assessing reasonableness (R v McInnes)
Fatal Force England?
Palmer v Privy council: Reject notion of half way house
🔑 A either guilty of murder or fully aquitted
R v Clegg (emphasised all or nothing defence)
Aus initially followed Irish approach
Irish law allows jury to decide if A has full or partial defence (Nally)
Non Fatal Force?
Accused state of mind crucial in determining if force justified
Can be used to halt ongoing assaults
Exceptions for guards / those assisting them provided force necessary to prevent harm
S18 incorporates belief of person using force / honesty of belief matters regardless wether justified
Defence & Dwelling Act 2011?
Not offence for occupant to use force against trespasser if believe intends to commit crime
Codified conclusions of Hardiman in Barnes case
No requirement of retreat S3
