Self-defence Flashcards
Which case sets out the three requirements of self-defence?
HMA v Doherty
What is the first requirement?
There must be imminent danger to life or limb
What is the second requirement?
There must be no reasonable opportunity to escape
What is the third requirement?
Force used must be proportionate to the attack?
What constitutes imminent danger?
The attack being in progress or about to begin
What case extends self-defence to third party?
HMA v Carson
What cases state and then confirm that you can make a mistake about the perceived danger?
Owens v HMA and the Lieser
What case places applies the duty to retreat requirement harshly?
HMA v Doherty - said he could have ran through side door.
What case states that the rule is now ‘any oppertunity to escape that does not put you at risk must be taken’?
McBearty v HMA
Which case has altered this to state that accused can only use violence as a last resort?
Dewar v HMA
What case involving collapsible scissors states that force must be proportionate?
Moore v MacDougall
What case states weapons can be used in circumstances of unequal force?
McNab v HMA
What case tells us that lethal force is only permissible against threat of death or great bodily harm?
McCluskey
Which case states that you can establish self-defence even if you were the original aggressor so long as the victim reacted disproportionately?
Boyle and Burns
If woman kills abusive partner but when there is not immediate threat what are the difficulties posed in proving self-defence?
Evidentially there is an issue as you can only lead evidence of general character and not specific instances of assault. Kays is exception but this is on procedural grounds.
