SELF DEFENCE Flashcards
1
Q
types of self defence
A
- private defence- protects individual / their property
-public defence. - prevention of crime/ lawful assistance ( criminal law act 1967)
both have been clarified by s76 of criminal justice act and immigration act 2008
2
Q
necessity of force
A
- subjective test
- considers if d actually believed that the force was necessary even if mistaken
- if mistaken bc of intoxication, self d isn’t available
-allows preemptive strikes ( u dont have to wait to be attacked to use self defence )
-usually if d started attack, can’t use self defence ( rashford)
3
Q
reasonableness of force
A
- objective test
- disproportionate force, not seen as reasonable
householder cases - test for whether force was grossly disproportionate ( raye) rather than merely disproportionate , with jury making decision
self defence not valid for getting back stolen items ( Williams)
4
Q
household ao3
A
- crime and courts act 2013 introduced wider defence for householders against intruders , allowing force that is grossly disproportionate
- but grossly disproportionate lacks precise definition, making it harder for jury to apply consistency
- this ambiguity needs to have clearer guidelines on what qualifies as grossly disproportionate force
5
Q
jury ao3
A
- necessity of force is down to the jury, may lead to inconsistent outcomes
- s76 cjia allows self defence based on genuine belief even if mistaken
- no duty to retreat, but jurys may still take in if retreating was possible
6
Q
law on preemptive ao3
A
- law on it is clear and fair
- people can act to defend themselves without having to wait for an attack to happen
- reasonable as it would be unfair to expect someone to wait till they’re harmed before they can protect themselves
7
Q
all or nothing ao3
A
- self defence is a full defence , successful claim = acciqittal , failure = conviction
- can be problematic in some cases where level of force was necessary but became excessive
reform -
partial defence could be introduced to acknowledge situations where excessive force was used but the initial response was reasonable
