Self Defence Evaluation Flashcards
- The Full Defence of Self Defence…
The Full Defence of Self Defence has been codified by S.76 of the Criminal Justice and Immigration Act 2008.
- Section 3 of the Criminal Law Act 1967…
Section 3 of the Criminal Law Act 1967 allows the public defence for a person who uses force reasonable in the circumstances to prevent crime or to lawfully arrest offenders or suspects or those unlawfully at large.
- The defence may also be available under common law where…
The defence may also be available under common law where the defendant uses force to defend himself, defend another, or defend property. In the case of Hussey, it was stated that it would be lawful for a man to kill another who intended to evict him from his home unlawfully.
- The defence is usually used for…
The defence is usually used for non-fatal offences, but can be used for other crimes such as murder.
- Firstly, the court will consider…
Firstly, the court will consider whether there was a necessary use of force.
- If the threat was imminent…
If the threat was imminent, then force may have been necessary, set out in Clegg and AGs Ref No2 of 1983.
- A pre-emptive strike…
A pre-emptive strike by D may be reasonable, as in Beckford.
- A genuine mistake…
A genuine mistake as to the threat is acceptable, as in Williams.
- It will not be held necessary to use force if…
It will not be held necessary to use force if the defendant is the aggressor, as in Rashford.
- Secondly, the court will consider whether the degree of force was reasonable…
Secondly, the court will consider whether the degree of force was reasonable, meaning proportionate when compared to the threat, set out in S76(6) of the Criminal Justice and Immigration Act 2008.
- In Burglary cases, the Crime and Courts Act 2013…
In Burglary cases, the Crime and Courts Act 2013 and S76(5A) of the Criminal Justice and Immigration Act 2008 states that the degree of force will be reasonable unless it is ‘grossly disproportionate’ to the threat.
- The defendant cannot use the defence if…
The defendant cannot use the defence if he uses excessive force due to intoxication, as in O’Grady.
