Self Defence Flashcards
Man about to be attacked does not have to wait for first blow
R v Beckford
No need for immediate danger
I’m going to blow his brains out
R v cousins
Shop previously attacked by rioters
AG ref
Visited car man knowing dangerous took a flail with him
R v malnik
No need to retreat but possibility of retreat is to be considered in deciding if the use of force was necessary
S76(6)(a)
Former boyfriend held her against wall agony of the moment
R v bird
Allows for genuine mistake
S76(4)
Mistakenly thinks a man is assaulting a youth but he was detaining him
R v williams
Woken from a drunken sleep by slapping him
R v o grady
If a person attacked had only done what he honestly and instinctively thought was necessary that would be evidence that he had only taken reasonable defensive action
Palmer
Shot 16 yr old in the back when he broke in
Conviction upheld
Martin case
Pinned down and bit nose
R v Harvey
For house holder case unreasonable force is that that is grossly disproportionate
Courts and crime act 2013
Victim given permanent brain injury was before 2013 but would have been grossly disproportionate
Hussein and another
Refuses to stop at checkpoint
R v clegg
