SELF DEFENCE Flashcards
1
Q
HOUSEHOLDERS
acts
A
- s43 Crime and Courts Act 2013 amended s76 Criminal Justice & Immigration Act 2008
- gives a wider defence for householders if an intruder enters their property
2
Q
HOUSEHOLDERS
rules on reasonable force
A
- normal rule for other cases is degree of force is unreasonable if it is disproportionate
- this rule is “grossly disproportionate”
3
Q
HOUSEHOLDERS
2 requirements
A
- was the degree of force used by d grossly disproportionate in the circumstances believed by d?
Yes = NO DEFENCE - was the degree of force used by d reasonable in the circumstances believed by d?
Yes = yay defence !
4
Q
HOUSEHOLDERS
reasonable force - act
A
- S76 CJIA 2008
- degree of force only considered excessive in householder cases if it was grossly disproportionate
5
Q
HOUSEHOLDERS
reasonable force - 3 requirements
A
- d must be in/partly in building that is a dwelling; and
- d must not be trespasser; and
- d must believe v was a trespasser
