self defence Flashcards
successful?
complete defence
full acquittal
what cases does it apply to
mainly non fatal offences but also fatal e.g murder and property crimes - Hussey
what are the 2 legal bases for the defence
s3 of criminal law act 1967,
s67 criminal justice and immigration act 2008
1st legal basis
s3 of criminal law act 1967
- public defence
allows reasonable force = to prevent crime , lawfully arrest offenders , suspects or escapees
2nd legal basis
private/common law defence
- defence of self others or property
whats the test under both basis
- was the force necessary (subjective)
- was the force proportionate or reasonable ( objective) - palmer
stolen property
r v willams
can’t be used, as s3 only applies to ongoing crimes not past ones
subjective view on necessity of force (mistake)
gladstone -
d belief is what matters even if mistaken
mistaken rule
cija
s76(3) and s76(4)
- mistake can be unreasonable but must be genuinely believed
intoxication , mistake
- vol into can’t support a mistaken belief
- s76(5)
is retreat needed to claim self defence
- no
- desirable evidence , but not needed - palmer (Cole) jk x
pre-emptive strikes?
allowed as long as objectively reasonable
bird
imminence ?
threat must be imminent (abt to happen) , though not immediate - rashford
what about mental illness
- if d suffers from mental illness then the response still must be objectively reasonable - oye
excessive force used?
- defence = unavailable
Martin
what if d was aggressor
- usually can’t claim self defence UNLESSS force used escalated beyond what d inteneded ( rAshford)
householders special rule
s76(5a)
- may use disproportionate force - ray
when does householder rule apply
if D is in a house, not a tresspasser, and believes V is the tresspasser
what can the jury consider in householder self defence cases
time of day , presence of others e.g children , weapons etc
