Self Defence

  • Created by: huth0
  • Created on: 14-05-17 18:34
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  • Self Defence
    • Self defence must be necessary
      • Did the defendant have an opportunity to retreat?
        • Field - No duty to retreat
      • The threat must be imminent (immediate). The defendant does not need to wait to be attacked first but there must be urgency
        • Beckford - Pre-emptive strike allowed
        • AG's ref 2 of 1983 - D can prepare to defend against an attack
      • If a mistake was made as to the extent of the threat the court will use a subjective test
        • R v Williams
    • Self defence must not be grossly disproportionate
      • Old law in s.76 Criminal Justice and Immigration Act 2008 suggested reasonable force had to be proportionate
        • The Crime and Courts Act 2013 s.43 - Reasonable and disproportionate force is allowed but cannot be grossly disproportionate
          • Only applies to a homeowner defending their home
            • R v Anthony Martin - beyond amount of force needed
      • Criminal Justice and Immigration Act 2008 s.76
        • An intoxicated mistake provides no defence
        • The reasonableness of force used is to be judged on circumstances as D believed them to be (subjective)


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