Self Defence Flashcards
Is self defence a full defence or partial defence?
Full defence
What are the four points to consider for self defence?
- Necessity for action
- S.76 Criminal Justice and Immigration Act 2008
- Householders - Crime and Courts Act 2013
- Complete defence
What are the four points to consider for necessity for action?
- Possibility of retreat
- Imminent threat
- Mistake
- Force of third party
What is meant by possibility of retreat?
Good evidence for the accused to show they retreated as far as safely possible
What case relates to possibility of retreat?
R v McInnes
What is the case of R v McInnes?
Retreat simply one factor to take into account when deciding not necessary to use force
What is meant by an Imminent threat?
Only justified if reacting to threat that’s imminent, don’t have to wait to be hit
What three cases relate to imminent threat?
AG Ref 1984
Malnik v DPP
R v Keane and McGrath
AG Ref 1984?
Making petrol bombs - self defence allowed as defending against rioters and looters
Malnik v DPP?
Went to recover stolen cars armed with weapon - rejected as created dangerous situation
R v Keane and McGrath?
Can have self defence if start fight only if violence so out of proportion to what they did that roles where reversed
What is meant by mistake in self-defence?
Defendant can make mistake that makes them think defensive action is necessary
What three cases relates
to mistake?
R v Williams (Gladstone)
R v Yaman
R v O’Connor
R v Williams (Gladstone)?
Mistake viewed from defendants perspective
R v Yaman?
Did not use a reasonable amount of force as victim wasn’t aggressive (gas man disconnecting gas)
What does it mean if mistake in self-defence is induced by intoxication?
Mistake is then ignored in the defence
R v O’Conner?
Mistake induced by intoxication
What is meant by force of third party?
Can plea self-defence on behalf of another
What case relates to force of a third party?
R v Hichens
R v Hichens?
Preventing person opening door to their girlfriend - potentially legitimate but not in this case
What section act and year is the second point of self-defence?
S.76 Criminal Justice and Immigration Act 2008
What two points relate to the second point of self-defence?
Reasonable force
Mistake to degree of force
What is meant by reasonable force?
Defence only successful if force is reasonable
What two cases relate to reasonable force?
Cross v Kirkby
R v Hussain and Hussain
Cross v Kirkby?
25% more force - hit man on property with baseball bat
R v Hussain and Hussain?
Family tied up at knife point - chased fleeing burglar, hit them over head with cricket bat - brain damage - excessive force
What case relates to mistake degree of force?
R v Martin
R v Martin?
Shot 2 burglars - could take into account psychiatric condition - however still, not reasonable force - diminished responsibility was accepted
What is the third main point of self-defence?
House Holders
What act and year relates to the third point of self-defence?
The Crime and Courts Act 2013
What does The Crime and Courts Act 2013?
Force disproportionate if grossly disproportionate
Court more lenient in householder cases
What two cases relates to the third point of self-defence?
R v Magson
R v (Collins) v Secretary of State for justice
R v Magson?
Victim not trespasser - lived together for months - stabbed v to death
R v (Collins) v Secretary of State for justice?
Homeowner not prosecuted for putting intruder in headlock
What is the fourth point of self-defence?
Complete defence
What case relates to full defence?
R v Clegg
R v Clegg?
Soldier in Ireland shot/killed car passenger lethal force was excessive and unreasonable
