Publice self defence- Section 3(1) of the Criminal Law Act 1967 and is defined as resonable force to prevent crime e.g. Citizens Arrest
Private self defence is a common law- allows the defendant to use reasonable force to;
defend themsleves from an attack
prevent an attack on another person
defend your property
Use the defence in relation to all crimes- but with murder the defendants life must be at risk
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Self defence- Part 2
Courts will take into accout;
Whether the accused could have retreated from the situation
Whether the test was imminent.
Whether the defendant made a mistake which made him think the action was justified
Resonable force is considered by the jury based on the circumstances
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Self Defence part 3
Self defence is a good defence provided the misake is honest- R v Williams
Pre-emptive slef defence is allowed as long as the defendant act pre-emptivels to prevent and attack- AG's ref
Excessive force means that the defence cannot be used becuase it indicates that the defendant actd unresonably- R v Clegg- Soldier, was excessive force- R v Martin- Psychiatric condition
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Intoxication- part 1
Includes alcohol, drugs or other substances e.g. glue sniffing
It isn't a defence depending on the mens rea;
If there isn't a mens rea then the defendant will be found not guilty because of his intoxicated state
intoxication cannot be used with basic intent crimes only specific- R v Majewski because courts view voluntary intoxication as reckless therefore has the mens rea
There are two types; voluntary and involuntary
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Voluntary Intoxication
Where the defendant has chosen to take an intoxicating substance- alcohol, drugs etc.
It can also occur where the defendant knows the effect of a prescribed drugs but takes it anyway.
people who take drugs and alcohol should generally realise the possible consequences in forms of violent behaviour and uncontrollable actions
R v Richarson and Irwin- acted the same way when sober couldn't use the defence.
Dutch Courage- getting drunk for courage to commit a crime- AG for Northern Ireland v Gallagher
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Involuntary Intoxication
Can be used with all offences
The main situation where the defendants intoxication can be involuntary are;
soporific, duress, spiked, prescribed drugs that have an adverse effect
R v Kingston- **********- had mens rea- couldn't use defence
R v Hardie- Valium- adverse effect- allowed defence as her lacked mens rea
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