AQA A2 Law Unit 3 - Defences - Self defence and the prevention of crime

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  • Created by: Amy
  • Created on: 09-03-14 15:05
What two types of force are applicable to both self defence and the prevention of crime?
Necessity of force, Reasonableness of force
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What is the necessity of force?
When the use of force is not justified, it is not necessary
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What is outlined in the case of Gladstone Williams (1987)
Prevention of crime, the defendant genuinely believed that the youth was at harm
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What does the Imminent attack mean?
The defendant does not have to wait to be attacked they can make the first blow
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Who decides whether the use of force was reasonable?
Jury
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The jury must think about, the facts that the defendant believed, the circumstances, the time available to the D to react and what else?
Risk to D balanced with the risk to the V
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What does the case of Palmer 1971 outline?
Way reasonable force is explained
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What type of defence is self defence?
Private
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What does the case of Martin (Anthony Edward) 2001 outline?
Self defence (of property) and the prevention of crime (stealing)
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Who does the Burden of proof lie with?
the prosecution
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What must the prosecution prove that the defendant was...?
Not acting to defend themselves, Not acting to defend property or prevent crime and that they used necessary force
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What is prevention of crime?
To prevent the commission of an offence
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Other cards in this set

Card 2

Front

What is the necessity of force?

Back

When the use of force is not justified, it is not necessary

Card 3

Front

What is outlined in the case of Gladstone Williams (1987)

Back

Preview of the front of card 3

Card 4

Front

What does the Imminent attack mean?

Back

Preview of the front of card 4

Card 5

Front

Who decides whether the use of force was reasonable?

Back

Preview of the front of card 5
View more cards

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