Self-Defence - Invol Msl Flashcards
Gladstone and Williams
D must make a genuine and honest mistake (D punched police officer whom D thought was attacking someone else)
Bird
D does not have to wait to be attacked (D and ex-boyfriend (V) argued at party, she punched V with glass in hand and claimed self-defence - Defence not allowed)
Hussain
Revenge attack is not self-defence (D beat up escaping burglar with cricket bat causing brain damage)
Clegg
Was force proportionate ( Soldier shot joyrider in back after speeding past, seen to be disproportionate)
Martin
Psychiatric condition not taken into account (D shoot burglars as they were fleeing and tried to claim paranoid personality disorder was the cause)
O’Grady
Voluntary intoxication leads to making mistake cannot be relied upon (D killed whilst intoxicated but made genuine honest mistake that V was trying to Kill him)