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Fatal Offences > Self Defence > Flashcards

Self Defence Flashcards

1
Q

Is self defence a full defence or partial defence?

A

Full defence

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2
Q

What are the four points to consider for self defence?

A

Necessity for action
S.76 Criminal Justoce and Immigration Act 2008
Householders - Crime and Courts Act 2013
Complete defence

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3
Q

What are the four points to consider for necessity for action?

A

Possibility of retreat
Imminent threat
Mistake
Force of third party

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4
Q

What is meant by possibility of retreat?

A

Good evidence for the accused to show they retreated as far as safely possible

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5
Q

What case relates to possibility of retreat?

A

R v McInnes

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6
Q

What is the case of R v McInnes?

A

Retreat simply one factor to take into account when deciding not necessary to use force

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7
Q

What is meant by an Imminent threat?

A

Only justified if reacting to threat that’s imminent, don’t have to wait to be hit

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8
Q

What three cases relates to imminent threat?

A

AG Ref 1984
Malnik v DPP
R v Keane and McGrath

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9
Q

AG Ref 1984?

A

Making petrol bombs - self defence allowed as defending against rioters and looters

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10
Q

Malnik v DPP?

A

Went to recover stolen cars armed with weapon - rejected as created dangerous situation

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11
Q

R v Keane and McGrath?

A

Only if violence so out of proportion to what did that roles where reversed

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12
Q

What is meant by mistake in self-defence?

A

Defendant can make mistake that makes them think defensive action is necessary

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13
Q

What three cases relates to mistake?

A

R v Williams (Gladstone)
R v Yaman
R v O’Connor

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14
Q

R v Williams (Gladstone)?

A

Mistake viewed from defendants perspective

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15
Q

R v Yaman?

A

Did not use a reasonable amount of force as victim wasn’t aggressive (gas man disconnecting gas)

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16
Q

What does it mean if mistake in self-defence is induced by intoxication?

A

Mistake is then ignored in the defence

17
Q

R v O’Conner?

A

Mistake induced by intoxication

18
Q

What is meant by force of third party?

A

Can please self-defence on behalf of another

19
Q

What case relates to force of a third party?

A

R v Hichens

20
Q

R v Hichens?

A

Preventing person opening door to their girlfriend - potentially legitimate but not in this case

21
Q

What section act and year is the second point of self-defence?

A

S.76 Criminal Justice and Immigration Act 2008

22
Q

What two points relate to the second point of self-defence?

A

Reasonable force
Mistake to degree of force

23
Q

What is meant by reasonable force?

A

Defence only successful if force is reasonable

24
Q

What two cases relates to reasonable force?q

A

Cross v Kirkby
R v Hussain and Hussain

25
Q

Cross v Kirkby?

A

25% more force - hit man on property with baseball bat

26
Q

R v Hussain and Hussain?

A

Family tied up at knife point - chased fleeing burglar, hit them over head with cricket bat - brain damage - excessive force

27
Q

What case relates to mistake degree of force?

A

R v Martin

28
Q

R v Martin?

A

Shot 2 burglars - could take into account psychiatric condition - however still, not reasonable force - diminished responsibility was accepted

29
Q

What is the third main point of self-defence?

A

House Holders

30
Q

What act and year relates to the third point of self-defence?

A

The Crime and Courts Act 2013

31
Q

What does The Crime and Courts Act 2013?

A

Force disproportionate if grossly disproportionate
Court more lenient in householder cases

32
Q

What two cases relates to the third point of self-defence?

A

R v Magson
R v (Collins) v Secretary of State for justice

33
Q

R v Magson?

A

Victim not trespasser - lived together for months - stabbed v to death

34
Q

R v (Collins) v Secretary of State for justice?

A

Homeowner not prosecuted for putting intruder in headlock

35
Q

What is the fourth point of self-defence?

A

Complete defence

36
Q

What case relates to full defence?

A

R v Clegg

37
Q

R v Clegg?

A

Soldier in Ireland shot/killed car passenger lethal force was excessive and unreasonable

Fatal Offences (9 decks)

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