Self defence Flashcards
what act does definition of self defence come from
Criminal Law Act 1967 s3
define self defence under Criminal Law Act 1967 s3
“a person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders/ suspected offenders/ persons unlawfully at large”
what 2 things must be proven
force necessary and reasonable
who is it up to to decide if force necessary - explain
jury - not justified if not necessary in the circumstances/ circumstances D genuinely believed
what case states that the defence is based on genuine belief of D rather than actual facts - D believed youth was being attacked when in fact V was trying to arrest the youth
Gladstone Williams
what act confirms point in Gladstone v Williams and states that D’s beliefs can be mistaken, even if that mistake is unreasonable- but not a drunken mistake
S79 Criminal Justice & Immigration Act 2008
what case states that D doesn’t have to wait for an attack to start but can get the first blow in
Bird
what case states that someone who fears an attack can make preparations to defend himself, even if the preparations involve breaches of law
AG’s Ref (No.2 of 1983)
which act amended another act to state that D doesn’t have to retreat when acting for a legitimate purpose (but it is a factor when considering whether degree of force was necessary)
S6A Criminal Justice & Immigration Act 2008 amended by s148 Legal Aid, Sentencing and Punishment of Offenders Act 2012
what case states that if attacker running away, unlikely force will be considered necessary
Hussain
who decides if force was reasonable + what must they balance
jury - reasonable in all circumstances?
must balance facts as D sees them, time available to D to decide on his action + balance risk to him against risk of harm to v
what case states that if the risks between D and harm to V is deemed excessive, it is still unlawful
Palmer
in which case was firing shotgun 3 times towards torchlight deemed excessive
Martin
what case states that the force used was excessive as V no longer posed a threat
Hussain
in what case was D not charged with murder after he killed an intruder he found in his house as jury considered it reasonable
Cooke
what case states that, in determining reasonableness of force, evidence of a person acting honestly + instinctively to what they deemed necessary for legitimate purpose is strong (but not conclusive) evidence that only reasonable action was taken
s76 CJ & Immigration Act 2008
what act, amended by another act gives a wider defence to householders when an intruder enters their property
CJ & Immigration Act 2008 amended by Crime and Courts Act 2013
(households) normally, force not reasonable if ‘disproportionate’ however, as long as force is not ……. then the jury may consider it to be reasonable
‘grossly disproportionate’
