Self Defence Flashcards
2 types
-Common law defence (protecting self, others or property) amended in criminal justice and immigration act 2008
-Statutory defence (preventing crime) criminal justice act 1967
2 Elements
1) Was it necessary to use any degree of force (subjective), if so was it proportionate to threat
2) Was the degree of force reasonable
R v Williams
D will be judged according to facts they believed them to be even if its a mistaken belief.
R v Bird
Pre emptive strike.
R v Rashford
allowed to use self defence even if they are the initial aggressor aslong as there no longer the aggressor.
Mistaken belief amendment
-criminal justice and immigration act 2008 mistaken belief must be reasonable
R v Lipman
mistaken belief must be reasonable for self defence.
R v Martin
if force is disproportionate to threat then it cannot be self defence
R v Clegg
-force may begin proportionate then become disproportionate
R v Ray
-Force must be grossly disproportionate for defence to fail in householder cases
