Mapa mental
Self Defence: S3 Criminal Law Act 1967
Conteúdo do mapa
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
Informações
- Descrição
- GCSE Law (Unit 4) Mapa Mental sobre Self Defence: S3 Criminal Law Act 1967, criado por beccehjane em 07-06-2015.
- Criado por
- beccehjane · jun 2015
- Atualizado
- 19 fev 2016
- Visualizações
- 139
- Avaliação