Self Defence

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  • Created by: 10dhall
  • Created on: 04-06-17 17:02
What does self defence provide?
Self protection, protection of property, protection of others from attack, prevention of crime and the arrest of an offender
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What does the common law say about when self defence can be pleaded?
If the accused uses or threatens to use violence, or if the accused acts in defence of others (Duffy)
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What statute governs what a person can use reasonable force to do?
Section 3 of the Criminal Law Ac 1967
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What does it state?
Reasonable force can be used to: prevent a crime, to arrest offenders/suspected offenders, to arrest people unlawfully at large
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What statute governs what amounts to reasonable force?
S76 of the Criminal Justice and Immigration Act 2008
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What does it state?
That the court should look at what the D thought the situation was and if the belief as reasonable; can rely on it if they made a mistake
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Where are mistakes not reasonable?
If the person is voluntarily intoxicated
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What act amends s76 of the Criminal Justice and Immigration Act 2008?
S43 of the Crime and Courts Ac 2013 which stated that disproportionate force can be reasonable if the D was a householder acting to protect themselves/others in their homes
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What Act governs killings a result of fear?
S54-56 of the Coroners and Justice Act 2009
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What are the rules on pre-emptive strikes?
Pre emptive strikes are okay if an attack is expected and the force is to prevent it (Beckford), but they have to expect an attack imminently (Devlin v Armstrong)
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Rules on necessity?
Was there another way of dealing with the attack (Fegan), not acceptable for a gang to defend (Devlin v Armstrong), D can break the law in an effort to defend himself but will still be guilty of the earlier crime
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What were the facts in Beckford?
The D phoned the police saying her brother was armed and threatening her but when arrived they shot the man who was actually not armed
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What happened in Fegan?
The D was a roman catholic married to someone who was not, had been subjected to threats and beatings because of this. Bought a gun for proection
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Duty to retreat?
Bird v Bird - she was not guilty
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Recent cases on self defence?
Yaman, Morris, Hichens
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Cases on self defence and intoxicated mistake?
O'Grady, O'Connor, Hatton
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What happened in Hatton?
Drinking, went back to D's flat. Claimed V hit him with a stick so hit back with a sledgehammer in which he died. D found guilty of murder
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What happened in O'Grady?
Drinking heavily, awoke to find his friend had cut him on the head with glass. D fought him to stop him attacking again, but died. Convicted of manslaughter
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What happened in O'Connor?
Drunken D started arguing with V in the pub, mistakenly believed he was going to hit him - head-butted him 3 times which killed him. Convicted of manslaughter
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What happened in Yaman?
Mistaked gas meter men for burgler, hit one with a hammer. Convicted of GBH
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What happened in Morris?
Taxi driver, passengers exited without paying - drove at the men, breaking one of their ankles
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What happened in Hichens?
Boyfriend slapped the girlfriend to stop her from giving accomodation to another man, convicted of battery
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Evaluation of self defence?
Test is difficult to apply, new law criticised because it restates the existing law, different people judged differently in different situations, law works harshly in intoxication, piecemeal implementation
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Other cards in this set

Card 2

Front

What does the common law say about when self defence can be pleaded?

Back

If the accused uses or threatens to use violence, or if the accused acts in defence of others (Duffy)

Card 3

Front

What statute governs what a person can use reasonable force to do?

Back

Preview of the front of card 3

Card 4

Front

What does it state?

Back

Preview of the front of card 4

Card 5

Front

What statute governs what amounts to reasonable force?

Back

Preview of the front of card 5
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