Self Defence and Loss of Control Flashcards
AG Ref No 2 of 1983
SELF DEFENCE
Riots - petrol bombs
Could SD cover preparation? - yes
R v Williams 1984
SELF DEFENCE
Attack on youth - in fact mugger
Reasonable mistake = quash
Palmer v The Queen 1971
SELF DEFENCE
Sticks v Guns
Excessive force + Not partial
Beckford v R 1988
SELF DEFENCE
Shot armed man - no gun found
As much force as reasonable in circumstances as he honestly believed them to be
R v Clegg 1995
SELF DEFENCE
Joyriders - unreasonable force + last shot after danger
No Partial defence
R v Martin 2002
SELF DEFENCE
Reasonable Person? = physical characteristics - no mental
R v Rashford 2005
SELF DEFENCE
No duty to demonstrate unwillingness to fight
Hatton 2006
SELF DEFENCE
Cannot rely on intoxicated mistake
Keane, McGrath 2010
SELF DEFENCE
Drunk fight
SSF for original aggressor only where violence offered by V was so out of proportion that roles were reversed
Burns 2010
SELF DEFENCE
Forcibly remover hooker - assault
No need + No SD of property
AG for Jersey v Holley 2005
LOSS OF CONTROL
Sexual infidelity = axed
Cannot rely on depression or alcoholism
Clinton 2012
LOSS OF CONTROL
Affair - balls
Sexual - no blanket exclusion
Dawes 2013
LOSS OF CONTROL
Not leave defence to jury where no evidence
Breakup - not extremely grave
Gurpinar 2015
LOSS OF CONTROL
Rigorous evaluation of evidence
54 (4) if “sufficient evidence is adduced to raise an issue…on which a jury properly directed could reasonably conclude that the defence might apply”
Criminal Justice and Immigration Act 2008 s 76
SELF DEFENCE Reasonable degree of force Reasonable belief NO intoxication Householders cases
