Self Defence Flashcards
1
Q
Self Defence Legislation
A
S76 Criminal Justice and Immigration Act 2008
2
Q
There must be a….
A
Permitted purpose - protection of self/others/property (all common law) and/or prevention of crime (CLA 1976)
3
Q
What does s76(1)(b) tell us
A
- self defence must involve reasonable force. ‘Reasonable’ means necessary and proportionate
- necessary - whether the degree of force used by D was reasonable - decided by reference to the circumstances as D believed them to be - s76(3)
- proportionate - a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action - s76(7)(a)
-evidence of a person having only done what they honestly and instinctively thought was necessary constitutes strong evidence that only reasonable action was taken s76(7)(b)
4
Q
What does necessary mean
A
Was the degree of force used by D reasonable - decided by reference to the circumstances as D believed them to be - s76(3)
5
Q
What does proportionate mean?
A
A person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action - s76(7)(a)
