General Defences: Self Defence

Definition, Statutes, Cases, Necessity of Force, Reasonableness of Force

?
  • Created by: Anisha
  • Created on: 10-06-11 17:21
As supported by what statute?
s3 Criminal Law Act 1967
1 of 10
V saw X being a victim of robbery, V tried to stop the Y, D arrived and thought V was assaulting Y
(Gladstone) Williams
2 of 10
In this case the plea was successful
Yes- D genuinely thought he was preventing crime
3 of 10
What is classed as reasonable and necessary force?
The force cannot exceed 25% more force than what is needed
4 of 10
This was confirmed in:
Cross v Kirby
5 of 10
What may be taken into account in deciding this?
Mistake and circumstances
6 of 10
For necessity of force, it must be judged to see: was the threat imminent (about to occur straight away)?
True
7 of 10
For necessity of force, it must be judged to see: If D had made a mistake which had justified their action?
True
8 of 10
What happened in this case?
Argument: D poured drink over V, V slapped D, D hit V with glass, glass harmed eye
9 of 10
The defence was accepted because at the time
D thought V was going to **** her
10 of 10

Other cards in this set

Card 2

Front

V saw X being a victim of robbery, V tried to stop the Y, D arrived and thought V was assaulting Y

Back

(Gladstone) Williams

Card 3

Front

In this case the plea was successful

Back

Preview of the front of card 3

Card 4

Front

What is classed as reasonable and necessary force?

Back

Preview of the front of card 4

Card 5

Front

This was confirmed in:

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Law of Tort resources »