Self Defence Flashcards
I
D may be ably to argue yeh defense of self defense
D
Section 76 of the criminal justice and immigration act 2008 states the defense can be used it protect yourself, someone else or to prevent a crime
E
Under section 76(3) the force must be necessary
The d must have held genuine belief that the force was necessary this is a subjective test
A
Apply
Side rule
Section 76 (4) the defense is available if the d made a genuine mistake (Gladstone Williams)
A
Apply
Side rule
Section 76 (5) if the reason the d made a mistake is because they were intoxicated the defense will be lost
A
Side rule
Pre-emptive strike - the d can make the fist move in order for k protect themselves and still argue the defense (beckford)
A
E
Section 76 (3) the force must be reasonable , this means the force used should be proportionate to the threat. This is for the jury to decide based on the d’s beliefs
Lord morris is paplmer stated if the d is under attack it is difficult to weigh up exactly how much force they should use in return. If the d only did what was the honesty and instinctively thought was necessary this is evidence that only reasonable force was used
The d will get the defense if they acted honestly and instinctively
A
Side rule
Excessive force- if the d used excessive force they will lose the defense Martin
A
Side rule
Self defense at home s.42(3) if the crime and courts act 2013 - if the self defense is used to protect the home it can be disproportionate as long as it is not grossly disproportionate (RAY)
A
