What two questions are asked when the defence of self-defence is put to the jury?
What the force used reasonable? and was the force used necessary?
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What statute is self-defence found in?
Section 3 Criminal Law Act 1967
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What does self-defence cover?
covers not only need to defend oneself from attack but also actions to defend another
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What is the case where the force used is not reasonable?
Hussain: once danger has passed the defence of self-defence cannot be used
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What case shows that when there is a genuine mistake in the use of force and it is honestly held by the D that it was a genuine mistake self-defence can still be used as a defence?
Gladstone Williams
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What is the principle of O'Grady?
It the mistake of force used was due to a drunken mistake then the defence of self-defence cannot be used
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What is the other important statute for self-defence?
Criminal Justice and Immigration Act 2008
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Other cards in this set
Card 2
Front
What statute is self-defence found in?
Back
Section 3 Criminal Law Act 1967
Card 3
Front
What does self-defence cover?
Back
Card 4
Front
What is the case where the force used is not reasonable?
Back
Card 5
Front
What case shows that when there is a genuine mistake in the use of force and it is honestly held by the D that it was a genuine mistake self-defence can still be used as a defence?
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