Flashcards
Self-Defence Essay & Case Cards AO1
Cards in this deck (24)
- 1Self-Defence: Self-defence/defence of anotherCommon Law
- Consolidated in a statute: Criminal Justice & Immigration Act 2008 - 2Self-Defence: Prevention of CrimeS.3 Criminal Law Act 1967
- 3Defence of PropertyCriminal Damage Act 1971
- 4Scope of the defenceNormally a defence for the NFO's
Can be used for crimes such as murder - 5Burden of ProofD has a defence if he uses reasonable & necessary force
The burden of proof lies with the prosecution once the defence has been raised - 6Reasonable ForceWas the force necessary? - subjective
Was the force reasonable? - objective - 7Subjective: PalmerLord Morris: "...a person defending himself cannot weigh to a nicety the exact measure of his defensive action"
- 8Subjective: ScarlettD removed drunken man from a pub - believing he would attack him - and killed him
Held D's aren't to be convicted even if the force wasn't objectively reasonable! - 9Objective: OwinoD punched V in the face in order to restrain her
Held he used excessive force and COA rejected his appeal - 10MartinD shot V's in the back and convicted of murder
COA held psychiatric evidence showing he thought he was in more danger than he actually was was irrelevant! - 11Excessive ForceSelf-defence won't be available if the D uses excessive force
- 12CleggD shot 3 times at a car whilst on duty, at a check point, killing the V
D couldn't use S.D. as excessive force was used - there was no danger when he fired the 3rd shot - 13Mistake and Self-DefenceWorks where the D makes an honest mistake & the force was reasonable
- 14Williams (Gladstone)D mistakenly thought PC was assaulting youth & attacked him
Held D should be judged according to his genuine mistakes - conviction quashed - 15BeckfordPC shot D as he mistakenly believed he was armed
Held the D is to be judged on the facts as he believed them to be - 16Mistake, Self-Defence and IntoxicationD can't use self-defence if they make a mistake whilst voluntarily intoxicated
- 17O'GradyD had been drinking & killed his friend after waking to find him attacking him
S.D. failed & conviction upheld - voluntary intoxication can't form the basis of a defence for any crime! - 18Pre-Emptive StrikesDeana - a man isn't obliged to wait until he is attacked before acting in S.D. - he is entitled to get the first blow in if its reasonably necessary to do so!
- 19Imminence of Threat: Attorney General's Reference No. 2D made petrol bombs as he feared his shop would be attacked again
Held someone fearing an attack can make preparations even if doing so breaks the law - 20Imminence Threat: MalnikD took a weapon with him to confront a violent man who stole from his friend
Liable- S.D. isn't valid when the D makes preparations - 21Revenge: RashfordCOA stated the fact the D acted in revenge isn't enough - must take into account the circumstances AND whether the D honestly thought it was necessary
- 22Possibility of RetreatThe D doesn't have to retreat from danger
- 23BirdD's ex threw beer over her and she gouged his eye out with a glass
S.D. was valid as she didn't need to show retreat - 24ReformsLC: This area of law needs re-examining!!!
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- Flashcards on Self-Defence Essay & Case Cards AO1, created by abigail_rose on 11/01/2015.
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