Self Defence

Question 1

Slef defence act

Answer 1

Criminal justice and immigration act 2008

Question 2

1

Answer 2

Unclear and long

Question 3

2

Answer 3

Morality

Question 4

3

Answer 4

Justice for V

Question 5

4

Answer 5

To much power to D

Question 6

5

Answer 6

Reform

Question 7

Reforms

Answer 7

Introduce partial defence for disproportionate force - however issue of disproportionate being used deliberately

Overrule o grady- d made honest drunk mistake about necessity- to harsh

Question 8

Powers given to D

Answer 8

R V bird - no relevance to fight
Ag ref 2 1984- predatory act is allowed

However d needs to be protected to act - protect R V palmer - not look at actions in isolation

R V beckford states it must be necessary

Question 9

Justice for V

Answer 9

Gladstone V Williams - mistaken belief is allowed 76.4

Unfair on V
R V or Grady - protect V as drunk mistake is not allowed

Question 10

Morality

Answer 10

76.5a house holder
D should be able to act grossly dispro
Protect own home
Would act as deference to burglary’s as can expect grossly dispro force

Question 11

Unclear and long

Answer 11

Permitted purpose, necessary, reasonable

Too many permitted purposes form dif acts need consolidated as confuse for jury

Long - range of common law cases - R V bird, Gladstone V William , beckford , bird, owino, clegg, Martin, cheeseman

Martin and cheeseman test - long

Court wait times

Question 12

Morality prevent crime

Answer 12

S3 criminal law act
R V scarlet can prevent crime
R V Hussain must be in danger - should be able to always prevent crime