self defence Flashcards
definitoin of self defence
person is allowed to use force that will negate the actus reus of the crime, this means the defendant conduct is lawful
when is the defendant conduct lawful
when they protect
- themselves
-another
-property
what does it mean when self defence is a common law offence
it is made through courts
what does it mean when self defence is a statutory offence
made through the government
what is the different between common law and statutory offence
common law- is limited to using reasonable force whereas statutory defence is to prevent any crime
where is the statutory offence contained
s3 of the criminal law act 1967
what does the statutory offence in s3 of the criminal lw act 1967 allow
the defendant to use force to prevent the commission of any offence, included violent and non violent
what test will the jury use to weather the defendant did use self defence
given the circumstance, was force necessary
was the amount of force used reasonable
what does was the force necessary mean
the defendant is judges subjectively (attitudes and beliefs) on weather they had an honest belief inn the view of the facts
what happens in the view of the facts for was the force necessary mistaken
the defence is still available
what case relates to was the force necessary
R v Williams 1987
what happened in the case R v Williams 1987 relating to was the force necessary
victim saw mugging, D struck V and was charged with assault, D appealed, state that his mistake of the facts has to be reasonable, conviction quashed
LP- the D must be judged on their own perception of the facts even if their view is mistaken
what happens if an attack has not happened by the defendant is in fear
reasonable force can be used
what does was the amount of force used reasonable mean
the degree of force will not reasonable if it was disproportionate in the circumstances
what case is used for was the amount of force used reasonable
R v Martin 2002
