Self defence Flashcards
what can self defence offer
a complete defence
where can self defence be found
common law
which act involves the self defence of property
Criminal Damage Act 1971
which act involves arrest and crime prevention
Criminal Law Act 1967
what is self defence now ruled under
s76 Criminal Justice and Immigration Act 2008
what statute involves householder cases
Crime and Courts Act 2013
what is the first part of self defence
D can rely on self defence where he has a genuine belief for the use of force
R v Gladstone Williams [1987]
D thought they saw a mugging take place and ran over to help who he thought was the victim but actually committed ABH. On appeal he was allowed to have made the mistake as he reasonably believed he needed to use the force.
Beckford v R [1987]
police officer shot and killed a man who ran out of his house after a report that he was terrorising his family. he was convicted of murder on trial but on appeal in Jamaica he was also dismissed as well as to the privy council
what is a pre-emptive strike
a man about to be attacked doesn’t have to wait and can attack first
how does intoxication affect self defence
if it was voluntary the defence must fail
what is the second part of self defence
involves the amount of force used and whether a person may use such force as is reasonable in the circumstances as he believes them to be
is mental health or disease taken into account with this defence
no
R v Tony Martin [2002]
D shot two people who were trying to burgle his home, he tried to claim self defence but got murder. He appealed and was allowed a partial defence but not for his PTSD
what is s76(1)(b) of the Criminal Justice and Immigration Act 2008
the act applies where the question arises whether the degree of force used by D against a person was reasonable in the circumstances
what sections are the requirements for reasonable force under
s76(3), s76(4), s76(6)
what is section 76(3)
reasonableness is to be decided by reference to the circumstances as D believed them to be
what is section 76(4)
if D genuinely held the genuine belief that the use of force was reasonable then he can rely on this even if mistaken
when can D not rely on section 76(4)
if there is voluntary intoxication then s76(5) is used
what is section 76(6)
excessive force cannot be reasonable
which section was amended by the Crime and Courts Act for householder cases
s76)8)(a) Criminal Justice and Immigration Act
what is the new amended rule for household cases
the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances
