self defence Flashcards
what type of defence is it
necessity defence
define self defence and what must it be
the need to defend ones self of their property from an attack, or defence another from a crime/ prevent a crime
must be ‘reasonable in the circumstances’
what crime is self defence not a defence for
murder
what happens if D wins self defence
completely acquitted from the crime
what 2 tests must be satisfied
which is objective/subjective
1- necessary force - from defence (subjective )
2- reasonable force- compare to RM
(objective)
explain the purpose of element 1- necessary force
- if force was needed is judged depending on circumstances
- belief for force to be used must be reasonably held
gladstone v williams
hint- policeman
POL -important
D intervened in what he thought was an attack on a youth member, was actually undercover police officer making an arrest
COULD RELY S.D
POL- D can rely if he had honest belief force was necessary even if he was mistaken
explain element 2s purpose- reasonable force
how is this assessed
-if force is excessive/ unreasonable the defence fails
-assessed by what D honestly and instinctively thought was reasonable
- objective vs RM
Martin 2002
hint- gun
burglars enter D house, had been burgled before, D one up and shot gun at burglar
NOT RELY S.D
POL- force must be reasonable
Clegg 1995
hint- soldier
D, solidier, shot at a car that failed to stop at a checkpoint killing the passenger
NO S.D
POL- S.D not valuable if force is excessive
what does pre-emptive self defence mean
what does this include
means that D does not have to wait to be attacked first and can make a pre- emptive strike
can include preparing for S.D
Bird
hint- glass
D struck her ex-bf with glass in an argument and claimed S.D
COULD RELY S.D
POL- had honest belief was under threat so made a pre-emptive strike
A-G REF NO.2 1983
hint- petrol
D kept petrol bombs for protection after shop had been attacked several times, charged with possession of illegal item
COULD RELY S.D
POL- a person can make preparation for S.D for future attacks
what is induced self defence
is this a defence
where D is the aggressor and provokes V deliberately
not a defence
