self-defence and prevention of crime Flashcards
what is the statutory footing that both defences are placed on
Criminal Justice and Immigration Act 2008
what is the first key element of the defence
use of force must be necessary
who will decide whether the force was necessary
the jury will consider all surrounding circumstances
what was established surrounding pre-emptive strikes
the defendant doesn’t need to wait to be attacked before defending themselves
case for pre-emptive strikes
R v Beckford
what was confirmed in R v Beckford
Lord Griffith said ‘a man about to be attacked doesn’t have to wait for the first blow or the first shot’
what was established surrounding preparing for an attack
if the defendant believes that they’re at risk of an imminent attack, they may be able to prepare in order to defend themselves
what was established AG Reference (No.2)
CoA held that someone who fears an attack can make preparations to defend himself even if the preparations involve breaches of law
cases for danger/threat from the original attack is over and defence isn’t available
- R v Clegg
- R v Hussain
what was established surrounding no duty to retreat
courts decided that there’s no duty on the defendant to retreat and it’s not necessary to be reluctant to fight
case for no duty to retreat
R v Bird
what was established surrounding mistake as to the need for self-defence/prevention of crime
if the defendant makes a mistake and thinks that the self-defence is necessary, they’ll be judged on the facts they honestly believed them to be
case for mistake has to be honest and doesn’t need to be reasonable
R v Gladstone Williams
what was established surrounding intoxicated mistake as to the need for self-defence
if the defendants as intoxicated when making the mistake as to the need for self-defence, the defence won’t be available
case for mistake due to voluntary intoxication not forming the basis of a defence
R v O’Grady
