Law > Self Defense > Flashcards

Self Defense Flashcards

(22 cards)

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1
Q

What is self-defence?

A

General defence using reasonable force; full defence

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2
Q

Where does self-defence come from?

A

Common law + Criminal Justice & Immigration Act 2008

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3
Q

What are the two key questions in self-defence?

A
  1. Necessary? 2. Proportionate?
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4
Q

What does ‘necessary force’ mean?

A

Subjective: what D believed

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5
Q

Which case shows pre-emptive force allowed?

A

Beckford – threat imminent, can strike first

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6
Q

Key rule from Beckford?

A

Force allowed if D honestly believes threat

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7
Q

Which case shows genuine mistake can still give defence?

A

Gladstone Williams

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8
Q

Key rule from Gladstone Williams?

A

Honest mistake → defence still applies

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9
Q

What happens if mistake is due to intoxication?

A

No defence

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10
Q

Which case shows intoxicated mistake fails?

A

O’Grady

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11
Q

Is there a duty to retreat?

A

No, but jury may consider it

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12
Q

Which case shows no duty to retreat?

A

R v Bird

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13
Q

What does ‘proportionate force’ mean?

A

Objective: reasonable in circumstances

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14
Q

Which Act governs proportionality?

A

Criminal Justice and Immigration Act 2008

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15
Q

What does s.76(3) state?

A

Jury judges based on D’s belief of circumstances

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16
Q

What does s.76(7)(a) state?

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A

D not expected to calculate exact force

17
Q

What does s.76(7)(b) state?

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A

If force necessary (to D), likely reasonable

18
Q

Which case shows excessive force not allowed?

19
Q

Key rule from Hussain?

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A

Revenge/retaliation ≠ self-defence

20
Q

What is special rule for householder cases?

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A

Force can be disproportionate but not grossly disproportionate

21
Q

Which section covers householder defence?

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A

s.76(5A) CJIA 2008

22
Q

Which case shows householder limit?

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