SELF DEFENCE Flashcards
where has the full defence of self defence been codified?
by s.76 of the criminal justice and immigration act 2008
what does section 3 of the criminal law act 1967 allow?
the public defence for a person who uses force reasonable in circumstances to prevent a crime or to lawfully arrest offenders, suspects and those unlawfully at large
how may the defence be available under common law?
when the defendant uses force to defend himself, another or property (DUFFY)
what is type of crime is the defence normally used for
usually used for non fatal crimes but can be used for crimes such as murder
what does the court first consider for self defence
whether there was a necessary use of force
if force was imminent
force may have been necessary(CLEGG, AG’s REF No.2 of 1983, DPP v STRATFORD MAGISTRATES COURT)
what did Beckford set out and what did Cousins hold
a pre-emptive strike by d is reasonable and a threat to kill if enough for self defence
what did bird set out?
it’s not always necessary to retreat
what did williams set out?
a genuine mistake as to the threat is acceptable
what did keane and rashford set out?
it will not be necessary to use force if the defendant is the aggressor
What is the second rule that the court will have to consider?
whether the degree of force was reasonable meaning proportionate when compared to the threat (s.76(6) of the criminal justice and immigration act 2008).
who has to decide whether degree of force was proportionate?
it is a subjective and objective test and is up to the jury to decide( Scarlett, Owino)
what does s43 of the crime and courts act 2013 and s76(5a) of the criminal and immigration act 2008 state about burglary cases?
degree of force will be reasonable unless it is grossly disproportionate to the threat (MARTIN, COLLINS, HUSSAIN, PALMER)
what does the case of O’Grady set out?
defendant can not use defence if he uses excessive force due to intoxication
