Self Defence Flashcards
What act is self-defence under ?
s.76 Criminal Justice & Immigration Act 2008
What is the first element of self defence ?
must believe he, someone else or his property under threat or that threat of force is necessary to prevent a crime
What does s.76(4)(b)(i) say ?
court consider how D view threat
if mistaken judge according to mistaken view
What does R V Williams (Gladstone) say ?
Did D genuinely believe mistake view
What does s.76(4)(b)(ii) say ?
Was Ds mistaken/view reasonable ?
What did s.76(5) say & cases ?
not available where D makes mistake bc vol. intox. (O’Grady/O’Connor)
What is the second element of self-defence ?
threat must be imminent
What does the case of Att. Generals Ref. (No.2 1983) say about the threat being imminent ?
that this is subjective and is based on Ds view of the situation
What happens if the threat has passed (case)?
defence is no longer available (Hussain)
What must we consider next ?
how reasonable the use of force was
what does s.76(7)(a) say about the reasonableness of force ?
doesn’t have to ‘weight to a nicety exactly what action to take’
What does s.76(7)(b) say about reasonable of force ?
D acts honestly & instinctively bc thought necessary to protect him/others/🏠 or prevent crime them probs reasonable
What case was used to back up the definition of reasonable in a.76(7)(b) ?
R V Beckford
What does R V Martin/Palmer say about reasonableness ?
if force deemed excessive defence will not apply
under s.76 (5A) the Crime &. Courts Act 2013 created a condition what is it ?
that if force is used in part of/building that is a dwelling, & D not trespass. but V think D is then force reasonable
What did Collins V secretary of State for Justice add to the condition under the Crime & Courts Act ?
force will still be reasonable as long as it isn’t ‘grossly disproportionate’
What happens if there is a full defence of self-defence ?
D will be acquitted
