Self Defence
- Created by: Holly Jackson
- Created on: 16-12-15 13:38
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- Self Defence
- Common law defence although the principles are contained in the Criminal Justice and Immigration Act 2008
- Success in plea leads to acquittal
- An additional statutory defence in the prevention of crime is outlined in S3(1) Criminal Law Act 1967
- Was the force necessary?
- For the jury to decide
- If not necessary = guilty
- Hussain and another
- Genuine Mistake
- To be judged on the facts as D honestly believed them to be, even if they were unreasonable.
- Now contained in S76 (3&4) of the CJIA 2008
- Williams
- Intoxication invalidated this principle as stated in S76 (5) of the CJIA 2008
- To be judged on the facts as D honestly believed them to be, even if they were unreasonable.
- Was the force reasonable?
- Defined in S76 (7) of the CJIA 2008
- the force is that which D honestly and instinctively believed to be necessary for a legitimate purpose
- A person may not be able to weigh to a nicety the exact measure of any necessary force
- D is allowed to make a pre-emptive strike
- Bird
- Excessive force = guilty
- Martin
- Defined in S76 (7) of the CJIA 2008
- Common law defence although the principles are contained in the Criminal Justice and Immigration Act 2008
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