self defence Flashcards
1
Q
self defence as a defence in criminal law
A
full defence
if successful - D = not guilty
2
Q
definition for self defence
A
Using reasonable force in order to defend oneself
3
Q
what is the most basic form of self defence
A
defending
yourself/family/prevent crime- comes under common law
- necessary to use force
reasonable to use force
4
Q
who is entitled to ‘self defence’
A
Those who act reasonably and in good faith
5
Q
when does self defence apply
A
When crimes are committed by force.
Basic principle comes from Palmer 1971
6
Q
how do we know when it is ‘necessary to use force’
A
- ability/capability to retreat is taken into account (should be taken if possible)
- can use violence if at threat of serious violence
7
Q
how do we know if ‘ the force used is reasonable’
A
- crim justice act 2008 - force disproportionate is not ‘reasonable’
- should balance risk of harm to D and V
