Self defence

  • Created by: __Jess
  • Created on: 17-02-23 09:48
View mindmap
  • Self defence
    • Did the defendant think it was necessary to act?
      • D has to show they genuinely believed it was necessary to act
      • Can be used as a defence, even if they acted mistakenly - so long as it was a reasonable mistake
        • Gladstone Williams
        • A drunken mistake will not count
          • O'Connor
      • The defendant does not need to try to retreat from the violence first
        • R v Bird
      • If the threat is over, the use of force is no longer necessary
        • R v Hussain
      • Preparation for an attack is not necessary as there is no current threat
        • AG's Reference No2 of 1983
    • Was the degree of force reasonable?
      • The force used in self-defence must be proportionate
        • R v Clegg
        • R v Martin
      • For householders, the degree of force is only unreasonable if it is grossly disproportionate
        • Collins v Secretary of State for Justice
        • Only as of 2013


No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »