self defence Flashcards
act
s.3 criminal law act 1967
possibility of retreat
r v mcinnes - not conclusive
imminent threat
a-g ref (no.2 1983) 1984
reasonable force covers acts in anticipation of imminent danger
malnik v dpp
created situation
visited car theft
r v keane and mcgrath
d start fight, force unreasonable
confirmed r v rashford
mistake act
s.76(4) CJ + I act 2008
r v williams (gladstone)
thought attacking attacker - actually defender
r v yaman
intruder, kebab shop, unreasonable
mistake + intoxication
sd cant be considered
R v Oconnor - headbutted
force against 3rd party
r v hichens
stopping getting in door
is acceptable but not in this scenario
r v hussain hussain
chased, broke bat, brain damage
not reasonable
reasonable force
cross v kirkby
25% more than necessary
mistake to degree of force
r v martin
can be used in exceptional cases - not this
house holder cases act
the crime and courts act 2013