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8 Cards in this Set

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What are the two types of self defence?

Prevention of a crime under the Criminal Law Act 1967


And self defence under common law

The same rules apply to both types

What is the subjective element of self defence?

This means the defendant must believe in the need to use force

View of yourself

Gladstone Williams

It does not matter whether the belief is mistaken

The appellant witnessed a man attack a youth. He rushed to the aid of the youth and hit the attacker. In fact the youth had just committed a mugging and the attacker had wrestled him to the ground to prevent him escaping

O'Grady

This does not apply to a mistake that was induced by alcohol

The appellant was an alcoholic. He had spent the day drinking large quantities of alcohol with two friends. The friends then retired to the appellant's home and went to sleep. The appellant claimed he was woken by one of the friends, hitting him on the head. He said that he picked up some broken glass and started hitting his friend in order to defend himself. He said he only recalled hitting him a few times and a fight developed. He said the fight subsided and he cooked them both a chop and went to sleep. In the morning he found His friend dead. His death was caused by loss of blood.

Bird

No need for the defendant to retreat prior to using force and a pre-emptive strike will not negate the defence

The appellant was at a party Her ex-boyfriend, turned up with his new girlfriend. A heated argument developed and the appellant asked him to leave. He did so but later returned. An argument occurred and the appellant poured a glass over him. He slapped her and pinned her against a wall. The appellant punched him in the face and claimed that she had forgotten that she had a glass in her hand. The glass broke causing him to lose his eye

What is the objective element of self defence?

The force used by the defendant must be reasonable

Other people's views

Martin

The defendant does not need to estimate precisely the amount of force required

Clegg

Excessive force can cause the defence to fail