Self-Defence revision cards Flashcards
S.76 (3)
force must be necessary in circumstances as D believed them to be
S.76 (4) (b)
jury must believe ‘D genuinely believed’ force was necessary
S.76 (7) (a)
a person acting for legitimate purpose may not be able to weigh to a nicety the level of force needed
S.76 (7) (b)
D acted honestly and instinctively
Gladstone Williams
D made a genuine honest mistake
Whyte
the jury must decide whether force was reasonable
Owino
‘was force reasonable in circumstance D believed to be’
Beckford
D does not have to wait to be attacked and can make a pre-emptive strike
O’Grady
If D uses too much force due to intoxication then they cannot claim self-defence
S.76 (5)
If D uses too much force due to intoxication then they cannot claim self-defence
Hussain
revenge attack is not self-defence
Bird
D does not have to wait to be attacked