Question 1
Question
Self defence is a...
[blank_start]Justificatory[blank_end] defence
It legitimises D's [blank_start]unlawful[blank_end] behaviour
General defence
It applies to every case where D is not the cause of the initial [blank_start]physical[blank_end] contact
[blank_start]Complete[blank_end] defence
It provides a full [blank_start]acquittal[blank_end] if successful
Answer
-
Justificatory
-
unlawful
-
physical
-
Complete
-
acquittal
Question 2
Question
An excusatory defence "excuses" D's behaviour. Examples are diminished responsibility, loss of control and in some cases, intoxication.
Question 3
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Excusatory defences are subject to a [blank_start]reasonable[blank_end] test.
Question 4
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Self-defence is subject to a [blank_start]two-fold[blank_end] test:
1. The use of force must be [blank_start]necessary[blank_end], and...
2. The use of [blank_start]force[blank_end] must be reasonable.
Both the subjective and [blank_start]objective[blank_end] elements must be satisfied.
Answer
-
necessary
-
objective
-
force
-
two-fold
Question 5
Question
Necessity is the [blank_start]subjective[blank_end] element of the test.
Reasonableness is the objective element of the test.
Question 6
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R v Owino concerns the [blank_start]reasonableness[blank_end] of force used.
Devlin v Armstrong concerns the [blank_start]imminence[blank_end] of force used.
Beckford v R and A-G's Reference concern [blank_start]pre-emptive strikes[blank_end].
[blank_start]R v Julien[blank_end] and R v Bird concern a duty to retreat.
R v Clegg concerns [blank_start]excessive[blank_end] force.
R v Martin concerns the [blank_start]necessity[blank_end] of force.
R v Ahluwalia concerns the [blank_start]necessity, imminence and proportionality[blank_end] of force.
Question 7
Question
The [blank_start]defendant[blank_end] has the evidential burden.
D must raise enough [blank_start]evidence[blank_end] to prove to the judge a case of self-defence.
The prosecution has the [blank_start]burden of proof[blank_end].
They have the onus - they must rebut the [blank_start]presumption[blank_end] of a self-defence case.
The standard of proof is [blank_start]beyond reasonable doubt[blank_end].
Answer
-
burden of proof
-
presumption
-
evidence
-
defendant
-
beyond reasonable doubt
Question 8
Question
The [blank_start]Legal Aid[blank_end], Sentencing and Punishment of Offenders Act 2012, [blank_start]s148[blank_end] dismantled [blank_start]legal aid[blank_end] and asserted that there is no duty to retreat in the face of trespass to property.
The [blank_start]Crime and Courts Act 2013[blank_end], [blank_start]s43[blank_end] inserted clause [blank_start]5A[blank_end] which states that the use of force can be now up to anything '[blank_start]grossly disproportionate[blank_end]' in householder cases.
Question 9
Question
[blank_start]Bleasdale-Hill[blank_end] suggests that the amendment to section [blank_start]76[blank_end] can be criticised as [blank_start]unnecessary[blank_end] in an area that was seemingly operating without great difficulty.
[blank_start]Confusion is added[blank_end] to the law through the absence of a definition of '[blank_start]grossly disproportionate[blank_end].'
Answer
-
Bleasdale-Hill
-
unnecessary
-
76
-
Confusion is added
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grossly disproportionate
Question 10
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[blank_start]Thomson[blank_end] said that the aggressor temporarily [blank_start]forfeits[blank_end] his rights the moment he poses a [blank_start]threat[blank_end] to another.
Question 11
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[blank_start]Uniacke[blank_end] said that possessing the [blank_start]right to life[blank_end] is dependent on the [blank_start]conduct[blank_end] exhibited by the individual.
Answer
-
Uniacke
-
right to life
-
conduct
Question 12
Question
[blank_start]Sangero[blank_end] argued that [blank_start]three[blank_end] conditions must be met in order to satisfy self-defence:
1. The [blank_start]guilt[blank_end] of the aggressor
2. A social-legal order in need of [blank_start]protection[blank_end]
3. The victim's [blank_start]autonomy[blank_end]
Self-defence can be [blank_start]justified[blank_end] on the basis of the [blank_start]social interest of the public order[blank_end] and the legal system in particular.
Question 13
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[blank_start]Wake[blank_end] said that it is essential to consider the background to D's plea when [blank_start]assessing criminal liability[blank_end]. It can change the way we understand [blank_start]self-defence[blank_end].
Question 14
Question
Criminal Law Act 1963, [blank_start]s3(1)[blank_end] governs the law on self-defence. It is about the idea of one being able to [blank_start]protect[blank_end]/defend himself from harm. This Act merely [blank_start]complimented[blank_end] the common law defence, but it is [blank_start]narrower[blank_end] in its application.
[blank_start]Criminal Justice and Immigration Act[blank_end] 2008, s76 applies to both the common law and statutory defence, as above. It does replace the existing law above. It merely [blank_start]codifies[blank_end] it. It has an [blank_start]objective element[blank_end] and was enacted under the [blank_start]Labour[blank_end] government.