Self-Defence Flashcards
1
Q
R v Bird
A
- D gouged out V’s eye during a major row after V hit D.
- “Duty to Retreat”
- B’s conviction was quashed.
- Evidence of retreat is helpful but not essential.
2
Q
R v Williams
A
- D grabbed V, an off-duty police officer, whom he mistakenly thought was attacking a youth.
- “Mistaken Use of Self-Defence/Prevention of Crime”
- An honest but mistaken belief will allow the defence to operate. The conviction was quashed.
3
Q
A-G Ref. No. 2 of 1983
A
- D kept his petrol bombs for protection after his shop had been attacked several times during riots.
- “Pre-Emptive Strike”
- A person is entitled to make preparations in self-defence for a future attack against them.
4
Q
R v Clegg
A
- D, a soldier, shot and killed a joyrider whom he thought was a terrorist.
- “Excessive Force”
- C was not acting in self-defence, as the last shot was excessive force as the ‘threat’ has been passed.
5
Q
R v Martin
A
- D shot and killed a burglar.
- “Excessive Force”
- It was not self-defence, as M shot when V was making his escape.
6
Q
R v Hussain
A
- D chased and caught a burglar that he found in his house.
- H beat the burglar with a cricket bat.
- “Excessive Force”
- It was not self-defence, violence was just a retribution.
- The burglary was over and no one was in danger.
7
Q
R v Oye
A
- D was arrested after behaving oddly in a cafe.
- He threw plates at police officers and fought with them when arrested.
- Psychological Characteristics are not Relevant
- Self-Defence was rejected, but an insanity plea was allowed.
