Self Defence Flashcards
Section 76 of the criminal justice and immigration act 2008 states the defence can be used to protect yourself someone else or to prevent a crime
Section 76(3) The force must be necessary
Side rule- section 76(4) the defence is available if the D made a genuine mistake (Gladstone)
Side rule- Section 76(5) if the reason the D made a mistake is because they were intoxicated the defence would be lost
Side rule- pre emptive strike The D can make the first move in order to protect themselves and argue self defence (Beckford)
Section 76(3)-The force must be reasonable- this means the force used should be proportionate to the threats- this is for the jury to decide based on the Ds beliefs (objective test with subjective element)
Key law: Lord morris in palmer: if the D is under attack it is difficult to weight up exactly how much more they should use in return- The d will get the defence if they acted honestly and instinctively
Side rule- S.76(5) Excessive- if the D uses execessive force (disproportionate force), they will lose the defence (Martin)
Side rule- Self defence at home s.42(3) of the crime and courts act 2013 if the self defence is used to protect the home, it can be disproportionate as long as it is not grossly disproportionate (Ray)
