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6 Cards in this Set
- Front
- Back
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S3(1) Criminal Law Act 1967 |
A person may use such force as is reasonable in the circumstances in the prevention of a crime. |
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Williams |
D thought a youth was being attacked. Even though he was mistaken the defence was allowed as he was genuinely believed the youth needed defending. As long as it was genuine, it need not be reasonable. |
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S76(3) Criminal Justice & Immigration Act 2008 |
Was the force necessary? It is judged by what the defendant genuinely believed. The defendant can be mistaken in this belief. The mistake need not be reasonable. As long as it is a genuine mistake it can be relied upon. |
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O'Grady |
D was drinking with a friend and they fell asleep. D woke up still drunk and thought the friend was trying to kill him so he killed his friend. There was no defence as the mistake was due to voluntary intoxication. |
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Hussain & Another |
D's house was attacked by armed men and his family threatened. D escaped and chased men down the street and bear them badly with a cricket bat. The defence failed because they were no longer a threat. |
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Clegg |
A soldier in Northern Ireland shot at a car (killing a passenger) that failed to stop at a checkpoint. It failed in the defence of self-defence because there was judged to be no immediate threat and his force was held to be excessive. |
