Self-defence - Defence Flashcards
1
Q
Self-defence is a ………?
A
Complete defence
2
Q
R v Martin - 1st & 2 nd point of law
R v Ray - 2 nd point of law only
A
If force is disproportionate the defence fails completely.
For householder cases the degree of force must be grossly disproportionate
to the threat to fail.
3
Q
2 defences of self - defence
A
Common law defence - amended by the Criminal Justice & Immigration Act
Statutory defence - (using force for the prevention of crime) Criminal law act
4
Q
Reasonable force
A
Necessary to use any degree of force?
If so, was the degree of force used proportionate to the threat?
5
Q
R v Williams
A
The facts of the case will be taken as what the defendant genuinely believed then to be,
