Crime had already been committed,so D wasn't preventing a crime
Attwater
1 of 14
Any person who uses such force as is reasonable in the circumstancees to prevent crime or assist in an arrest- Which Act?
Criminal Justice and Immigration Act s76
2 of 14
Threat was sufficiently imminent- defence available
Attorney General's Reference no.2 of 1983
3 of 14
D created dangerous situation by taking weapon, so threat wasnt imminent
Malnick
4 of 14
If D starts fight, can use defence as long as V's reaction is so out of proportion that in effect the roles were reversed
Keane and McGrath
5 of 14
'a man about to be attacked doesnt have to wait for assailant to strike first or fire first shot, circumstances may justify a pre-emptive strike'
Beckford
6 of 14
Not necessary for D to prove that he didnt wish to fight
Bird
7 of 14
Facts must be treated as D genuinely believed them to be
Gladstone Williams
8 of 14
Mistake was produced by intoxication, so couldnt be considered for defence
O'Connor
9 of 14
V's should be seen in eyes of D, but they hadnt acted aggressively so force wasnt reasonable
Yaman
10 of 14
'Degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate'- Which Act?
Criminal Justice and Immigration Act s76(6)
11 of 14
D can still use 25% more force than necessary
Cross and Kirkby
12 of 14
Hadn't used reasonable force. Physical characteristics can be taken into account, not psychiatric (unless exceptional)
Martin
13 of 14
Protection of property is self defence
Hussain and Hussain
14 of 14
Other cards in this set
Card 2
Front
Any person who uses such force as is reasonable in the circumstancees to prevent crime or assist in an arrest- Which Act?
Back
Criminal Justice and Immigration Act s76
Card 3
Front
Threat was sufficiently imminent- defence available
Back
Card 4
Front
D created dangerous situation by taking weapon, so threat wasnt imminent
Back
Card 5
Front
If D starts fight, can use defence as long as V's reaction is so out of proportion that in effect the roles were reversed
Comments
No comments have yet been made