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Self Defence: S3 Criminal Law Act 1967
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Self Defence: S3 Criminal Law Act 1967
A person may use such force as is reasonable in the circumstances in the prevention of a crime
Was the use of force necessary?
- Hussain, jury will look at the facts from point of view of defendant
- S76 Criminal Justice and Immigration 2008, where D makes genuine mistake as to facts they must be judged according to facts as they believed them to be
- O'Grady, D can not rely on nay mistaken belief if mistake is made due to D being voluntarily intoxicated
- Beckford, D doesn't have to wait for an attack before they use force, pre-emptive strike
Was the force used reasonable in the circumstances?
- S76 Criminal Justice and Immigration 2008, a person acting for a legitimate purpose may not be able to weigh to a nicely the exact measure of the necessary action
- Clegg, if any force is excessive the defence will fail
- if its revenge/retaliation no defence
- Martin, it is not appropriation to take account whether D suffered a psychiatric condition, when deciding if force was reasonable
- Crime and Courts Act 2013, rule differs for a householder when an intruder enters their property
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- GCSE Law (Unit 4) Mind Map on Self Defence: S3 Criminal Law Act 1967, created by beccehjane on 07/06/2015.
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- beccehjane · Jun 2015
- Updated
- Feb 19, 2016
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