Self Defence Flashcards
What is the definition of self defence ?
A complete defence and covers situations where one may have to defend oneself another or to prevent a serious crime.
Where is self defence most commonly used ?
When committing non fatal offences but can also be used in cases of murder and property offences.
What does s76(1)b CJIA 2008 ask ?
Whether the force used by the D against a person was reasonable in the circumstances two question need to be asked was it necessary to use any degree of force and was the degree of force used proportionate or reasonable to the harm threatened or the risk to be averted?
What is a mistaken belief ?
When D is mistaken about the circumstances but is still acting to defend themselves another or property on their honestly held view of the facts at the time.
What is the 2 part test for mistaken belief ?
D must be judged based on his honestly held view of the facts even if mistaken and D can strike first.
(R V William Gladstone)
What is a pre-emptive strike ?
D can strike first if he honesty believes the force to be in defence of himself or another (R V Beckford)
What is a duty to retreat ?
D need to not show reluctance to fight to be able to claim self defence (R V Bird)
What is excessive force ?
If D uses excessive force this will not be proportionate and D cannot use the defence (R V Clegg)
