self defence- subjective test Flashcards
1
Q
what is the subjective test
A
defendant must have a genuine belief that they need to use force, doesn’t matter if this belief is mistaken AS LONG AS it wasn’t fuelled by alcohol
2
Q
R v Gladstone Williams
A
defendant must be judged against the mistaken facts as he believed them to be
3
Q
R v O’Grady
A
if intoxication causes defendant to make a mistake about another matter the defendant cannot rely on the mistake (for alcohol)
4
Q
what are we looking for for self defence
A
protecting self protecting others protecting property assisting in arrest preventing crime
5
Q
self defence legislation
A
comes mainly from common law but was codified for clarification in the Criminal Justice and Immigration Act 2008
6
Q
opening line for duress of threat
A
was established in Graham and later approved in Howe (start with the subjective test, then objective)
