AQA A2 Law Unit 3 - Evaluations - Self Defence

HideShow resource information
  • Created by: Amy
  • Created on: 20-04-14 20:46

The law favours the defendant

The law favours the defendant

The defence is allowed if D is mistaken to the circumstances, as long as it's an honest mistake

Gladstone Williams - Did not recognise the quick reaction people have when afraid

Bird - Able to make the first blow (Imminent)

Beckford  - " Circumstances may justify a pre-emptibe strike" 


1 of 3

Reasonable force

Reasonable force

 Palmer - force used does not have to be proportionate ( Cannot know exact measure of necessary force) 

  • Law is not clear on the necessary (Reasonable) level of force

Martin - Led to clarify the term 'reasonable' ( Psychiatric condition not considered) 

  • Reasonableness is subjective to each case

Case links to an all or nothing situation ( Life sentence or not)

  • Reform - C and J Act = Loss of control excessive force used when D feels under threat of violence 

Munir Hussain  - Force used disproportionate to action ( Public concern on what a person can do to protect their home and family) 

2 of 3

Reforms

Reforms 

S76 of CJ and Immigration Act - Clarify self defence 

  • Confirms decision made in case law
  • Does not clarify which characteristics are relevant to the defence

S148 of Legal Aid, Sentencing and Punishment of Offenders Act

  • Bird, no need to retreat first - placed into law
  • Can use reasonable force to defend property

Greater protection for householders, who attack intruders - any amount of force acceptable unless ' Grossly Disproportionate( Stabbing unconcious intruder)


3 of 3

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »