Karteikarten
Self defence
Karten in diesem Stapel (22)
- 1Gladstone Williams [1987]If D makes a mistake of fact concerning the need for force, his conduct is to be evaluated as if his mistaken assumption is a true assumption. Can only be mistaken as to the circumstances - facts - not allowed to rely on self defence for mistaken view about what constitutes reasonable force in the correct circumstances.
- 2Blake v DPP[1993]Must be a use of force in order to rely on the defence of self defence- writing on property with a felt tip pen does not suffice
- 3Bailey [2013]Chasing a car after a collision for the driver's insurance details could not 'as a matter of language or good sense be regarded as a use of force' [16]
- 4Faraj [2007]Defendant who forcibly detained gas plumber with the honest belief that the plumber was a burglar was entitled to rely on defence of self defence --- refer back to s.76(4)(b)
- 5R v Palmer [1977]It will be recognised a person defending himself cannot weigh to a nicety the exact measure of his necessary defensive action - consider whether in a moment of unexpected anguish, the defendant did what he honestly and instinctively thought was necessary - indicates that only reasonable defensive action was taken
- 6Julien [1969]Must assess simply whether the force D adopted was reasonable
- 7Yaman [2013]Can successfully use the defence if the level of the forcer was reasonable in the face of a threat as perceived by the defendant
- 8R (Denby Collins) v Sec of State for Justice [2016]D caused extreme brain injury to V, burglar in house, after putting in headlock for several minutes before police arrived. CPS decided to drop charges as there was not a realistic prospect of conviction - greater lee way for householder cases.
Leveson - for jury to determine whether the force was reasonable - just because they find it not to be grossly disproportionate, does not stop them from finding it unreasonable - 9Bird [1985]Unable to rely on self defence where acting out of revenge or retaliation
- 10Dadson (1850)Defendant cannot rely on justifying circumstances of his or her actions of which he or she is not aware of
- 11Hatton [2005]Confirms O'Grady that self defence cannot be used where the defendant was mistaken as to the need for or amount of force needed due to induced voluntary intoxication
- 12R v Oye [2013]Whilst Ds physical condition could be taken into account for the defence, his psychiatric condition generally cannot
An insane person cannot set the standards of reasonableness as the degree of force used by reference to his own insanity - 'makes as little sense to talk of the reasonable lunatic as it did...to talk of the reasonable glue sniffer' - 13Press and Thompson [2013]Allowed defendant's PTSD to be relied upon for defence to explain why he honestly believed he was under attack
- 14Rashford [2006]Defendant who causes attack in first place may not be able to rely on defence - question for jury whether defendant's use of force was reasonable in light of this
- 15Keane [2010]D may have defence if V's response was 'so out of proportion to what original aggressor did that in effect the roles were reversed'
- 16Cousins [1982]D entitled to raise defence in threatening V with shotgun despite his life not being in imminent danger - can take pre-emptive force
- 17AG's Ref (No 2 of 1983)D;s possession of petrol bombs for lawful purpose against urban riots in future - provided defence
- 18Hitchens [2011]Defendant can rely on self defence in crime against innocent party to prevent crime being committed by someone else
- 19Field [1972]D may remain at a place of lawful resort notwithstanding the threat by V. Visiting a place of known danger does not forfeit his right to defend himself should be choose to stay where he is despite the threat of imminent violence.
- 20Redmond-Bate [1999]Citizens cannot be called upon to desist from lawful conduct - only when lawful conduct gives rise to reasonable apprehension will it provoke violence so a police officer can take steps to prevent such conduct - no duty to retreat
- 21Morris [2013]Self defence can be used in reliance on the commission of any offence - including dangerous driving to prevent a passenger in a taxi running off without payment
- 22R v Martin (Anthony) [2001]Householder case - defence of property - suffering from psychiatric condition due to past burglaries - shot the burglars running away.
Held it cannot be left to defendant to decide what force is reasonable ot use - for jury, the representatives of the public to determine.
Jury are entitled to take into account the physical characteristics of the defendant for the defence, but will not, except for exceptional circumstances, take into account whether defendant suffers from a psychiatric condition in order to determine the reasonableness of force.
Fresh medical evidence of such condition has no bearing on jury's decision - but did prove defence of diminished responsibility - alternatively was quashed
Informationen
- Beschreibung
- Karteikarten am Self defence, erstellt von Katie Higgs am 03/05/2018.
- Erstellt von
- Katie Higgs · Mai 2018
- Aktualisiert
- 3 Mai 2018
- Aufrufe
- 0
- Bewertung