Self Defence

Question 1

S.76

Question 2

-3

Question 3

S.76

Question 4

-4

Question 5

S.76

Question 6

Self-Defence - How to Apply

Question 7

Can be used for ALL

Question 8

crimes

Question 9

I-D (name) may be able to argue the defence of self-defence.

Question 10

D- Section 76 of the Criminal Justice and Immigration Act 2008 states the defence can be used to

Question 11

protect yourself

Answer 11

someone else

Question 12

E- Section 76 (3)- The force must be NECESSARY

Question 13

The defendant must have a held a genuine belief that the force was necessary- Subjective test

Question 14

A- APPLY to the scenario

Question 15

SIDE RULE- Section 76 (4)- The defence is available if the D made a genuine mistake- Gladstone

Question 16

Williams

Question 17

A- APPLY if relevant

Question 18

SIDE RULE- Section 76 (5)- If the reason the D made a mistake is because they were intoxicated

Answer 18

the

Question 19

defence will be lost.

Question 20

A- APPLY if relevant

Question 21

SIDE RULE- Pre-emptive strike- The D can make the first move in order to protect themselves

Answer 21

and

Question 22

still argue self- defence (Beckford)

Question 23

A- APPLY if relevant

Question 24

E- The Force must be REASONABLE - This means the force used should be PROPORTIONATE to the

Question 25

threat.

Question 26

Key Law: Lord Morris in Palmer stated: If the D is under attack

Answer 26

it is difficult to weigh up exactly how

Question 27

much force they should use in return.

Question 28

The D will get the defence if they acted HONESTLY and INSTINCTIVELY.

Question 29

A- APPLY to the scenario

Question 30

SIDE RULE: Excessive force- If the D uses excessive force

Answer 30

they will lose the defence (Martin)

Question 31

A- APPLY if relevant

Question 32

SIDE RULE- Self defence at home- Crime and Courts Act 2013- if self defence is in the home it can be

Question 33

disproportionate as long as it is not grossly disproportionate.

Question 34

A- APPLY if relevant