Self defence Flashcards

1
Q

What act does self defence come under?

A

s76 Criminal Justice and Immigration Act 2008

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2
Q

What is the definition of self defence?

A

Self defence can be used to protect yourself, protect another, or to prevent a crim

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3
Q

What are the 2 stages of self defence?

A

The force must be necessary
The force must be reasonable

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4
Q

What is stage 1 of self defence?

A

The force must be necessary
S76(3) - The D must genuinely believe the force was necessary in the circumstances (subject test)

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5
Q

S76(3) for stage 1

A

The D must genuinely believe the force was necessary in the circumstances (subject test)

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6
Q

What type of test is s76(3) for stage 1?

A

Subjective test

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7
Q

The D must genuinely believe the force was necessary in the circumstances (subject test)

A

S76(3) for stage 1

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8
Q

What are the side rules to stage 1?

A

S76(4) - The defence is available if the D made a genuine mistake (Williams)
s76(5) - If D made a mistake because they were intoxicated, the defence will fail (O’Grady)
Beckford - If D uses force first because they believe they are going to be hit first, it is necessary force

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9
Q

S76(4) (Williams)

A

The defence is available if the D made a genuine mistake

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10
Q

The defence is available if the D made a genuine mistake

A

S76(4) (Williams)

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11
Q

s76(5) (O’Grady)

A

If D made a mistake because they were intoxicated, the defence will fail

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12
Q

If D made a mistake because they were intoxicated, the defence will fail

A

s76(5) (O’Grady)

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13
Q

Beckford

A

If D uses force first because they believe they are going to be hit first, it is necessary force

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14
Q

If D uses force first because they believe they are going to be hit first, it is necessary force

A

Beckford

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15
Q

What is stage 2 of self defence?

A

The force must be reasonable in the circumstances - S76(3)
Lord Morris in Palmer - If D acted honestly and thought the force was necessary, then this is evidence that only reasonable force was used (subjective element)
Jury must ask if within the circumstances, would a reasonable person deem the force reasonable or unreasonable? (Objective element)

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16
Q

S76(3) in stage 2

A

The force must be reasonable in the circumstances

17
Q

The force must be reasonable in the circumstances

A

S76(3) in stage 2

18
Q

What is the objective element in stage 2?

A

Jury must ask if within the circumstances, would a reasonable person deem the force reasonable or unreasonable?

19
Q

Jury must ask if within the circumstances, would a reasonable person deem the force reasonable or unreasonable?

A

the objective element in stage 2

20
Q

What is the subjective element in stage 2?

A

Lord Morris in Palmer - If D acted honestly and thought the force was necessary, then this is evidence that only reasonable force was used

21
Q

Lord Morris in Palmer

A

If D acted honestly and thought the force was necessary, then this is evidence that only reasonable force was used

22
Q

If D acted honestly and thought the force was necessary, then this is evidence that only reasonable force was used

A

Lord Morris in Palmer

23
Q

What are the side rules in stage 2?

A

S76(6) - If D uses disproportionate force, they will lose the defence (Martin)
Crime and Courts Act 2013 - You can use disproportionate force to protect your home, but it cannot be grossly disproportionate (Ray)

24
Q

S76(6) (Martin)

A

If D uses disproportionate force, they will lose the defence

25
Q

If D uses disproportionate force, they will lose the defence

A

S76(6) (Martin)

26
Q

Crime and Courts Act 2013 (Ray)

A

You can use disproportionate force to protect your home, but it cannot be grossly disproportionate

27
Q

You can use disproportionate force to protect your home, but it cannot be grossly disproportionate

A

Crime and Courts Act 2013 (Ray)