self defense

Question 1

what does self defense cover

Answer 1

the defense of oneself and others

Question 2

what type of defense is self defense

Answer 2

common and statute law
an absolute defense

Question 3

what are the 3 statuetes tnat cover self defense

Answer 3

s.3 Criminal law act 1967
s.76 Criminal justice and immigration act 2008
s.43 crime and courts act 2013

Question 4

what does the s.3 Criminal law act 1967 say

Answer 4

‘a person may use such forse as is reasonable in the circumstances in the prevention of crime’

Question 5

what does the s.76 Criminal justice and immigration act 2008 say

Answer 5

elabroates on the meaning of ‘reasonable force’

Question 6

what does the s.43 crime and courts act 2013 say

Answer 6

it creates a wider defense for household cases

Question 7

how much forse can a person use in a normal case

Answer 7

such force as is reasonable in the circumstances as he genuinly believes them to be in in the defense of himself or another

Question 8

what are the 2 things that s.76 CJIA 2008 says about the degree of force

Answer 8

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

Question 9

what are the 2 tests for self defense

Answer 9

subjective
objective

Question 10

what is the subjective test for self defense

Answer 10

did the defendant need to use force- it was necessary to use force on the facts D believed them to be

Question 11

what is the objective test for self defense

Answer 11

was the ammount of force reasonable in the circumstances D believed them to be

Question 12

if the force is excessive will the defence pass

Answer 12

no it will fail

Question 13

give 2 cases where the treat had passed so the defence failed

Answer 13

R v Hussain
R v Clegg

Question 14

what case and statute led to a wider defence for householder cases

Answer 14

R v Martin
S.43 CCA 2013

Question 15

what is the rule for the ammont of force for householder cases

Answer 15

the force must not be ‘grossly disproportionate’

Question 16

what are the requirements for the defence of self defence for house holder cases

Answer 16

-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

Question 17

if d had a genuine mistaken veiw of the facts can they still use self defence + case

Answer 17

yes
R v Gladstone Williams

Question 18

what does S.76(5) CJIA 2008 say in regards to the mistaken use of force

Answer 18

it specificaly excludes the use of defence where the mistake arises from voluntary intoxication

Question 19

do you need to wait untill you are attacked to use force + expand

Answer 19

no
you can use force to prevent any unlawful force

Question 20

what else does pre-emptive strike include + case

Answer 20

making preparations to defend your self in the future
AG Ref No 2

Question 21

give a case for a reluctance to fight not being a requirement

Answer 21

R v Bird