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7 Cards in this Set
- Front
- Back
- 3rd side (hint)
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General overview |
• D acts to defend himself, another person or property to prevent a crime. • Statutory defence- Criminal Law Act 1967 and Criminal Justice and Immigration Act 2008 ('reasonable force'). • Common law defence- gives the definition. |
CLA, CJIA |
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When is force 'necessary'? |
• Threats made to D (Beckford). • Pre-emptive strikes, don't have to be in progress and don't have to wait for assailant to strike first (Cousins). • If it's necessary to prevent an attack (AG's Ref 1983). • No requirement to show D could have retreated (Bird). |
B C AG(1983) B |
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When is force 'reasonable'? |
• D can't be expected to weigh up the exact amount of force to use (Palmer) (Whyte). • Facts as D believed them at the time (objective) (Criminal Justice and Immigration Act 2008). • Degree of force isn't reasonable if disproportionate. • Can't rely on mistake if voluntarily intoxicated. • No revenge. |
P W CJIA |
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Why can householders now use 'disproportionate' force? |
• Force will be regarded as reasonble unless it's 'grossly disproportionate' (Crime and Courts Act 2013). • Certain conditions to be a householder: 1) D must be in a building that's a dwelling or part dwelling. 2) D must not be trespassing. 3) D must believe V to be a trespasser. |
CCA |
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What happens if D uses 'excessive force'? |
• Defence will fail if not in self-defence (Clegg). |
C |
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Should any 'characteristics' be taken into account? |
• Jury consider facts as D believed them to be (Martin). • Force should still be reasonable (Cairns). • Usually the correct defence would be insanity. |
M C |
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Effect of/limitations of 'mistake' |
• If D honestly but mistakenly uses force in self-defence, may succeed. • If D is voluntarily intoxicated and makes a mistake about use of self-defence, no defence is available (O'Grady). |
O'G |
