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
- Did the defendant have an opportunity to retreat?
- 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
- Only applies to a homeowner defending their home
- The Crime and Courts Act 2013 s.43 - Reasonable and disproportionate force is allowed but cannot be grossly disproportionate
- 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)
- Old law in s.76 Criminal Justice and Immigration Act 2008 suggested reasonable force had to be proportionate
- Self defence must be necessary
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