Self-Defence Flashcards
What questions are asked regarding self-defence?
Was it necessary to use force?
Was the force used proportionate?
Cases regarding was it necessary to use force about self defence?
R v Gladstone Williams
Beckford v The Queen
Point of law in R v Gladstone Williams for self-defence?
D will be judged according to his genuine, mistaken view of the facts regardless if the mistake was reasonable or unreasonable
Point of law Beckford v The Queen for self-defence?
Person may use force as is reasonable in the circumstances as he or she honestly believes them to be in the defence of themselves or another
When can proportionate and disproportionate force be used?
Proportionate - public cases
Disproportionate - householder cases
Point of law in R v Clegg about force in self-defence?
Cannot use defence if excessive force is used and danger has passed
Act regarding self-defence?
s.76 Criminal Justice and Immigration Act 2008
What are the 3 questions in s.76 Criminal Justice and Immigration Act 2008?
Pre-emptive strike allowable?
Is there a duty to retreat?
D is the initial aggressor?
Cases under s.76 Criminal Justice and Immigration Act 2008?
R v Bird
R v Rashford
R v Seun Oye
Point of law in R v Bird for self-defence?
No requirement to show unwillingness to retreat
Point of law in R v Rashford for self-defence?
D will lose defence if they are the aggressor throughout the situation
Point of law in R v Seun Oye for self-defence?
Mental illness is not considered in objective test unless reference to s.76
Rules for householder cases for slef-defence?
Force must be used while D is in the building
D must not be a trespasser
D must believe V was a trespasser
Is self-defence is complete defence?
Yes
