self defense Flashcards
what does self defense cover
the defense of oneself and others
what type of defense is self defense
common and statute law
an absolute defense
what are the 3 statuetes tnat cover self defense
s.3 Criminal law act 1967
s.76 Criminal justice and immigration act 2008
s.43 crime and courts act 2013
what does the s.3 Criminal law act 1967 say
‘a person may use such forse as is reasonable in the circumstances in the prevention of crime’
what does the s.76 Criminal justice and immigration act 2008 say
elabroates on the meaning of ‘reasonable force’
what does the s.43 crime and courts act 2013 say
it creates a wider defense for household cases
how much forse can a person use in a normal case
such force as is reasonable in the circumstances as he genuinly believes them to be in in the defense of himself or another
what are the 2 things that s.76 CJIA 2008 says about the degree of force
1- D may not be able to weigh up the measure of necessary action at the point
2- the person must only do what they believe is necessary
what are the 2 tests for self defense
subjective
objective
what is the subjective test for self defense
did the defendant need to use force- it was necessary to use force on the facts D believed them to be
what is the objective test for self defense
was the ammount of force reasonable in the circumstances D believed them to be
if the force is excessive will the defence pass
no it will fail
give 2 cases where the treat had passed so the defence failed
R v Hussain
R v Clegg
what case and statute led to a wider defence for householder cases
R v Martin
S.43 CCA 2013
what is the rule for the ammont of force for householder cases
the force must not be ‘grossly disproportionate’
what are the requirements for the defence of self defence for house holder cases
-the force must be used by D whilst in or partly in a building that is a dwelling
-D must not be a tresspasser
-D must have believed V to be a tresspasser
if d had a genuine mistaken veiw of the facts can they still use self defence + case
yes
R v Gladstone Williams
what does S.76(5) CJIA 2008 say in regards to the mistaken use of force
it specificaly excludes the use of defence where the mistake arises from voluntary intoxication
do you need to wait untill you are attacked to use force + expand
no
you can use force to prevent any unlawful force
what else does pre-emptive strike include + case
making preparations to defend your self in the future
AG Ref No 2
give a case for a reluctance to fight not being a requirement
R v Bird
