Self Defence (Defences) Flashcards
What three types of defences does this cover?
Defending yourself
Another person
Or to prevent a crime
Defending yourself or another are both what types of defences?
Common law
What is the defence to prevent a crime recognised as?
S3(1) Criminal Law Act “a person may use force as is reasonable in the circumstances in the prevention of crime”
What two legal principles need to be satisfied?
Whether the force used by D was necessary?
The amount/degree of force used was reasonable?
Was force used necessary case?
R v Hussain - where danger has passed, D will not be able to use the defence
R v Bird
Demonstrating unwillingness to fight is good evidence that D is acting reasonably and in good faith
AG Ref No.2 of 1983
D can prepare to protect himself where so long as the danger is imminent
Williams (Gladstone)
D can use defence even if there was mistaken belief, as long as genuine and honest mistake
What statute confirmed the principle from Gladstone?
S76 of The Criminal Justice and Immigration Act 2008
O’Connor
Where D is intoxicated and acted in self defence, he will be judged by what sober man would do
What statute confirmed legal principles in O’Connor?
S76(5) CJIA
First thing to be considered for degree of force reasonable foreseeable?
D may not have been able to weigh up amount of force needed in situation
Second thing to be considered for degree of force reasonable foreseeable?
If there is evidence D has only done what was necessary and done honestly in that situation
Third thing to be considered for degree of force reasonable foreseeable?
Defence not needed if force used after danger is over
R v Martin
D’s characteristics such as mental disorder will not be taken into account for purpose of this defence
What about householders?
Able to use higher degree of force if face threat in their home as long as not grossly disproportionate
