self defence Flashcards
what 3 ways can self defence be used in?
-defending oneself
-defending another person
-defending property
where is self defence from?
common law, but also Criminal Justice and Immigration Act 2008
what are the 2 things to prove self defence?
-was it necessary for d to use force?
-was the force used proportional to the perceived threat
what is the main case for whether the force was necessary?
Beckford
what does Beckford say?
that circumstances may justify a pre-emptive strike
what is the case for a genuine mistake about needing force?
Gladstone Williams
what is the main case for intoxicated mistakes?
O’Grady
what is the case for retreating?
R v Bird
what does R v Bird say?
there is no duty to retreat, but if d does not retreat then it can be a factor thats considered when deciding if d really thought self defence was needed
what act talks about whether the force used was proportionate?
s76(3) of Criminal Justice and Immigration Act 2008
what must the jury look at wen deciding if the force was proportionate?
they must look at the circumstances that d believed them to be
what does s76(7)(a) say?
that there is room for error - d does not have to weigh the exact measure of necessary action
what does s76(7)(b) say?
that if d did what they thought was necessary, then it is strong evidence that it was indeed necessary
what is the case for using force as revenge?
Hussain
what does s76(5A) say?
that when defending a home, as long as the force is not grossly disproportionate then it may apply as a defence
what case is there for excessive force - killing?
R v martin
