self defence Flashcards
what section is self defence under
s3 criminal law act 1967
what is self defence
person may use such force as in reasonable circumstances in the prevention of crime or assissting in the arresting of offendors
what are the three areas for self defence
1- neccesity for action
2- s.76 criminal justice and immigration act 2008
3- reasonable force householder cases
what are the four points for neccesity of acton
1- possibility of retreat
2- imminant threat
3- mistake
4-force against third party
case for possibility of retreat
r v MCInnes
r v mcinnes
failure to retreat not conclusive , other factors to consider
Attorney general refernce 1984- imminent threat
petrol bombs, reasonable force covered by anticipation of imminent danger
malnik v dpp
d created dangerous siutation by going to house , chose too
r v keane and mcgrath 2010
where voilence by victim was so out of proportion to defendant the roles are reversed
r v williams for mistake
saw youth rob women, grabbed him and was attacked by another man , facts treated as honest ,honestly thought man was attacking boy
r v yaman
hit man with hammer, thught he was being robbed , failed as not used reasonable amount of force, victim wasnt voilent
what is the case for mistake by intoxication
r v O’connor
what is R v O’connor
drunk and head butted someone, mistake due to intoxication, not taken into account
case for force against third party
r v hitichins
what is r v hitchins
self defence on the behalf of another person , D prevented boyfriend attacking his girlfriend
what is under s.76 criminal justice and immigration act 2008
reasonable force and mistake as to a degree of force
what is the case for reasonable force
cross v kirby
what is in cross v kirby
defence still available where 25% more force was used , farmer hit someone head, fractured skull still 25%
r v hussain and hussain
chased fleeing burglary and hit him on head with cricket bat , broke bat and caused brain damage . excess force was used
what is the case for mistake to the degree of force
r v martin
what is r v martin
shot two burglars , went beyond reasonable force , should take into consideration physcial characteristics, pleaded driminshed responsiblity
what is reasonable force under house holder cases
under crime and courts act, ammended s76 , force is unreasonable if it is grossly disproportionate
r v magson
victim was not a tresspasser but lived there, failed to use home owners rule
what case is used for a complete defence
r v clegg
what is r v clegg
shot and killed car passenger , convicted f murder, use of lethal force was excessive , loss of control based on fear is am alternative
