self defence Flashcards
1
Q
what type of defence is self defence
A
it is a complete and justificatory defence
2
Q
what is the definition of self defence
A
When D uses force to defend themselves, their property, or another person
3
Q
what are the two required elements
A
trigger and response
4
Q
what case established trigger and response
A
Palmer (cold palmer)
5
Q
what does trigger mean
A
D believed the force was necessary
6
Q
what does response mean
A
type and degree of force used by D was reasonable
7
Q
what is the test for self defence
A
subjective test based on the facts D believed them to be
8
Q
R v Clegg
A
if force is disproportionate defence fails
9
Q
Martin
A
Householders have higher degree of response and claim will fail if their actions are ‘grossly disproportionate’
