Self defence Flashcards
What is the definition of self defence?
self defence is a complete defence and covers situations when a person must defend oneself or another
What must the force be?
Proportionate and reasonable to the harm threatened
when can self defence be used?
when committing non fatal offences but can also be used in cases of murder and property offences
What is a mistaken belief?
When D is mistaken about the circumstances but is still acting to defend themselves
R V William Gladstone
What is the principle of O’grady ?
A defendant cannot rely on the defence if they were voluntary intoxicated
What is a pre emotive strike?
A defendant can strike first if they honestly believed the force was to be used to be in defence of theirself or another
R V Beckford
What is a duty to retreat?
A defendant does not need to show reluctance to fight to be able to claim self defence
R V Bird
What is reasonable/ proportionate force?
Whether the force used was reasonable and proportionate is a matter for the jury to decide based on the circumstances of the case
What is the legal principle of R V Hussain?
attacking someone when the threat is gone is not proportionate
What is meant by excessive force?
If a defendant uses excessive force then this will not be proportionate and the D cannot rely on the defence
R V Clegg
What is a householder case?
When a defendant protects themselves and their home
R V Collins
