self defense Flashcards
why is self defense done
protect yourself
protect another
prevent a crime
which out of those two are common law offenses
protect yourself
protect another
what is the act for prevent a crime
s.3(1) Criminal Law Act 1967
what were the provisions on the law of self defense were codified in
Criminal Justice and Immigration Act 2008, s.76.
what did it set out
sets out the rules for the use of the defense and that it applies to all three of the above scenarios.
what are the 2 requirements
The Defendant believed the use of force was necessary in the circumstances
The amount of force used by the Defendant was reasonable
what type of test is the first requirement
subjective test – it asks what the Defendant themselves honestly believed.
This is up to the jury to decide.
what are different factors to consider (6)
The defense is not available if the danger is over
In order to be necessary the threat must be imminent
The threat cannot be self-induced
There is no need to show a reluctance to fight
There is no duty to retreat
A genuine mistake as to the necessity of force is allowed
whats 1 thing that will not allow the decrease of the defense
intoxication
The defense is not available if the danger is over case
R v Hussain 2010
In order to be necessary the threat must be imminent case
r v cousins
The threat cannot be self-induced case
r v keane
There is no need to show a reluctance to fight case
R v Bird 1985
There is no duty to retreat case
s.76(6A) CJIA 2008
A genuine mistake as to the necessity of force is allowed case
Beckford v The Queen 1988
Unless there is intoxication case
R v O’Grady 1987
The amount of force used was objectively reasonable type of test
This is an objective test – it asks what amount of force the reasonable person would have used in that circumstance.
This is also up to the jury to decide.
what act is needed for this
s.76 Criminal Justice and Immigration Act 2008
what does this state
“a) a person acting for a legitimate purpose may not be able to weigh to a nicety the exact [amount of force needed], and
b) evidence of a person having only done what the person honestly and instinctively thought was necessary [is evidence of this].”
i
havent finished dawg
havent fin
what’s something that cant be taken into account
psychotic illness
case to back this
r v oye/ r v martin (idk choose which one u want to use queen u got this pur so clever x)
whats the case for household attacks
r v martin
what does it say needs to be asked if households are attacked by intruders
Was the amount of force used by D grossly disproportionate to the threat?
Was the force used by D reasonable?
what case confirmed this
R v Ray 2017
what act that has also been amended by another states this
s.43 Crime and Courts Act 2013 amends s.76 CJIA
