Unnecessary Force Flashcards
What must d apprehend
Danger that is specific and imminent
Which case said danger must be specific and imminent
Ag ref no 2 1983 although no mention in CJ &I
When will the defence also be likely to be available
If force has to be used immediately against a long term threat if no other means of state assistance
Does the attack have to be an actual attack in progress
No, as long as d apprehend an attack
Which case indicated d does not have to wait for an attack and may act pre emptivley
Beckford, deana
What may do in order to prevent an attack upon him or prevent crime
Use threats of force and even death
Under common law any preparation that is part of an acceptable act of self defence may be justifiable according to which case
Ag ref no 2 1983
Attacked by rioters made petrol bombs: possessing explosive substance contrary to explosive substances act
Which cases indicate that self defence is not available to justify revenge or vigilante behaviour
Rashford and hussain
What did hussain also indicate
If force is continued to be used after the danger the defence is no longer available
Which case said if d shows himself to be willing to fight or provoked an attack he has no defence unless v acted in an unforeseeably extreme manner as it would be a self induced self defence
Keane
Which cases create confusion where 1) this case upheld conviction as d was willing to fight but 2) was quashed despite looking for trouble
1) r v yaman
2) r v Clancy
What type of test is used for unnecessary force
Subjective, was it necessary in the circumstances as they appeared to d
What did r v bird indicate
There is no duty to retreat as confirmed in legal aid, sentencing and punishment of offenders act which case amended in s76 of criminal justice and immigration act adding s6A
