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14 Cards in this Set
- Front
- Back
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Acts for self defense and prevention of a crime |
Self-defence is common law Prevention of a crime is in Criminal Law Act 1967 s.3 Both have principles clarified under Criminal Justice and Immigration Act 2008 |
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What was outlined in Hussain |
Force used must be necessary to defend yourself, another or to prevent a crime. Jury decides |
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What was outlined in Gladstone Williams / s76(3) |
D can be mistaken as to the need of force. Jury must consider if force was necessary in the circumstances the D believed |
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What was outlined in O'Grady |
A drunken mistake as to need force isn't allowed |
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What was outlined in CJIA2008 s6A / Bird |
D doesn't have to retreat |
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What was outlined in Deana |
There can be a preemptive strike |
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What was outlined in CJIA2008 s.76 |
The two factors that decide if the force was reasonable |
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What was outlined in Palmer |
D doesn't have to weigh up the niceties of the situation - allowed a degree of panic |
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CJIA2008 s76(7) |
Evidence D honestly and instinctive did what they thought was necessary for a legitimate purpose suggests the action was reasonable |
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What was outlined in Cairns |
A psychiatric condition isn't taken into account when deciding if D used reasonable force |
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What was outlined in Clegg |
Force not reasonable when threat of danger is over |
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What was outlined in Martin |
No considered reasonable if excessive |
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Revenge principle |
Not available for revenge |
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Crime and Courts Act 2013 s43 |
Force will be reasonable unless it is grossly disproportionate inside the D's house |
