Self Defence Flashcards
Is the force necessary
D genuinely believed
Gladstone Williams
Elements of Self defence
Is use of force necessary
Is use of force reasonable
Statute for Self Defence
Criminal Justice and Immigration Act 2008 (s76)
Circumstances that allow self defence
Defending self for property
Defending another
Prevent commission of an offence
Effect a lawful arrest
(Criminal law act 1967 (s3))
Criminal Justice and Immigration Act 2008 (s76(5)) Definition
cannot be a defence if mistaken belief was due to voluntary intoxication
Is the force necessary
no need to wait for an attack
Bird
Is the force reasonable definition
d ‘honestly and instinctively’ thought the level of force was reasonable
Is the force reasonable cases
Tony Martin
Clegg
Is the force reasonable case
if attack is over it isn’t reasonable
Hussain