self defence

Question 1

S.76 CRIMINAL JUSTICE AND IMMIGRATION ACT 2008

Answer 1

allows you to use force in self-defence, defence of another or in prevention of a crime

Question 2

what type of test is self-defence

Answer 2

subjective

Question 3

stage 1: was force necessary

Answer 3

S.76(3) D must genuinely believe force was necessary under the circumstances

Question 4

stage 1 side rule S.76(4)

Answer 4

S.76(4) defence available even if D makes unreasonable mistake
GLADSTONE WILLIAMS- defence available if force was believe to be necessary when it was not

Question 5

stage 1 side rule: S.76(5)

Answer 5

S.76(5)- if mistake was because D was intoxicated- no defence

Question 6

stage 1 side rule: BECKFORD

Answer 6

BECKFORD: D can make a pre-emptive strike and hit potential attacker first so he does not have to wait until he is hit