self-defence - defences Flashcards
what is self-defence?
a person is allowed to use force that will negate the actus reus of a crime. this means that the defendants conduct is lawful
what is self-defence done to protect?
themselves, another or property.
what type of defence is self-defence?
a common law defence
what is the other defence contained in s3 of the Criminal Law Act 1967?
a separate statutory offence which allows a defendant to use force to prevent the commission of ‘any’ offence. this includes violent and non-violent offences against property.
what is different about the offence contained in s3 of the Criminal Law Act 2967?
it is a wider offence than that of the common law offence.
what is the main difference between the two types of self defence?
the common law defence is limited to using reasonable force against violent assaults, whereas the statutory defence is to prevent ‘any’ crime.
what are the two key questions that are asked to establish whether the defence was necessary?
given the circumstances, was the force necessary? was the amount of force used reasonable?
R v Williams (Gladstone) (1987)
the defendant must be judged on their own perception of the facts even if their view is mistaken and the fact that the mistake was objectively unreasonable is irrelevant.
R v Beckford (1988)
circumstances may justify a pre-emptive strike.
what happens if the victim uses a disproportionate amount of force in order to defend themselves?
self-defence will be available as positions of the two are reversed and the defendant becomes the victim.
what does the jury take into account when seeing whether the amount of force used was reasonable?
the strength, size, and skill.
R v Martin (2002)
if the defendant perceived the degree of danger as being far greater than would be perceived by a reasonable person, the defendant mistake should be ignored.
