Self Defence Flashcards
What is self-defence as a legal defence?
Self-defence is a legal defence where the defendant (D) claims that they used force to protect themselves, another person, or to prevent a crime from occurring.
What are the three types of self-defence?
- Defending oneself
- Defending another person
- Preventing a crime (statutory defence)
What two legal principles must be satisfied for self-defence to apply?
1). Whether the force used by the D was necessary?
2)If so, was the amount / degree of force used reasonable?
What does R v Hussain (2010) say about the necessity of force in self-defence?
The force used in self-defence is not justified if the danger has passed.
What must the jury decide about the degree of force used in self-defence?
. The jury must decide whether the force used was reasonable in the circumstances.
What does R v Bird (1985) say about retreat in self-defence?
There is no absolute duty to retreat, but showing a willingness to withdraw can support the reasonableness of the defence.
What does AG Ref No. 2 of 1983 say about preparing for self-defence?
A person can prepare to protect themselves or their property if the danger is imminent.
What does Gladstone’s case (1999) say about mistaken belief in self-defence?
Self-defence can still apply even if the defendant had a mistaken belief, as long as it was genuine and honest.
How is self-defence applied if the defendant is intoxicated?case and which act confirmed
n O’Connor, it was ruled that the defendant will be judged by what a sober person would do, as confirmed by S.76(5) CJIA.
What factors are considered when determining if the force used in self-defence is reasonable?which act do they come from
S.76(7) CJIA 2008:
(A)Whether the defendant could reasonably assess the necessary force
(B)Whether the defendant acted honestly and reasonably in the situation
(C)Force cannot be used after the danger is over.
What did R v Martin (2001) say about self-defence and mental disorders?
. A defendant’s mental disorder cannot be considered when assessing whether self-defence is justified.
What is seen as reasonable force when it comes to householders
Householders can use a higher level of force if they face a threat inside their home.
Only if a householder uses grossly
disproportionate force (HUGELY EXCESSIVE!) would they then be
liable.
What happens if the self-defence plea is successful?
If the self-defence plea is successful, it is a complete defence, and the defendant will be acquitted.
