Self Defense Flashcards
What statutes are relevant to self defense
s.3 criminal law act 1967, s.76 criminal justice & immigration act 2008, s.43 crime and court act 2013
What is s.76 criminal justice & immigration act 2008
Elaborate on reasonable force ‘a person may not be able to weigh the precise measure of necessary action, force that is honestly and instinctively used’
What is s.3 Criminal law act 1967
“A person may use such force as is reasonable in the circumstances in the prevention of crime’
What is s.43 Crime and court act 2013
Wider defence for households and protecting them
What degree of force can be used in self defence
Reasonable in the circumstances are genuinely believed in the defence of oneself or another
What is the subjective test used for self defence
Subjective test - it was necessary to use force on the facts that D believed them to be
What is the objective test for self defence
Objective test - The amount of force used was reasonable in the circumstances as the defendant believed them to be
What happened and what was the outcome in R v Hussain (2010)
D’s house was broken into by a group of armed men, one of D’s sons managed to escape and alert their uncle(U), D & U chased off burglars and severed beat one of them
Held:
Threat had passed so force not reasonable, convicted of S.18
What happened and was held in R v Clegg 1995
D was a soldier at a checkpoint in Ireland, car came speeding toward him he shot the car three times, last shot was after the car had passed and killed a girl.
Held:
Conviction of murder was upheld and danger had passed before the last shot so force was not reasonable
What is the normal rule under s.43 and courts act 2013
Normal rule - Force not reasonable if disproportionate
What is the householder rule under s.43 crime and courts act 2013
Householder rule - Force must not be grossly disproportionate
What is a pre-emptive strike in self defence
Pre-emptive strike - You do not have to wait to be attacked to defend yourself, R v Bird
What case can be used to demonstrate a Pre-emptive strike?
R v Bird
Collins v Secretary of State for justice 2016
If the defendant is a homeowner and is claiming self defence, even if the homeowners actions are deemed as disproportionate the jury can decide against this, they are not bound to but can, however if the Defendant is not a homeowner then the jury have to convict the D if force is disproportionate
What happened in R v Gladstone Williams and what was held
Defendant witnessed a man attack a youth. He rushed to the aid of the youth, in fact the youth had committed a mugging. He beat the attacker of the youth and was convicted of s.47 ABH, he appealed.
Held:
Appeal allowed and conviction was quashed
