Self Defence

?
What type of defence is self defence?
Complete, general defence.
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What act is self defence recognised under?
S.76 Criminal Justice and Immigration Act 2008.
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What act states that a 'person may use such force as is reasonable in the circumstances in the prevention of a crime?'
S.3 Criminal Law Act 1967.
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In which three situations can you act in self defence?
To protect yourself, to protect another or to prevent a crime from being committed.
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What is the first question asked for the defence of self defence?
Was the force used necessary in the circumstances?
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Who decides whether the force used was necessary depending upon the D's perception of the circumstances?
The jury.
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What case is used to demonstrate that the D does not have to run away, but if the V was running away the defence will likely fail?
R v Hussain.
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What is the principle of Williams?
Where the D makes a genuine mistake, he must be judged under the circumstances he believed them to be.
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Which case demonstrates that if the D was voluntary intoxicated, they cannot rely upon their mistake as a defence?
O'Grady.
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What is the second question asked for self-defence?
Was the force used reasonable in the circumstances?
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Palmer stated that "a person acting for a legitimate purpose may not be able...
...to weigh to a nicety, the exact measure of any necessary action."
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What is the case used for the complication of pre-emptive strike?
Attorney General No 2 of 1983.
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What is the principle of Clegg?
Using excessive force at any stage increases the chances of the defence failing.
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Psychiatric characteristics of the D are considered as a complication to the defence (Martin). What two subjective tests are applied to look at the D's point of view?
1. Was the force reasonable given the circumstances the D believed that they were in? 2. Was the force reasonable given the circumstances the D believed that they were in and were operating under?
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Other cards in this set

Card 2

Front

What act is self defence recognised under?

Back

S.76 Criminal Justice and Immigration Act 2008.

Card 3

Front

What act states that a 'person may use such force as is reasonable in the circumstances in the prevention of a crime?'

Back

Preview of the front of card 3

Card 4

Front

In which three situations can you act in self defence?

Back

Preview of the front of card 4

Card 5

Front

What is the first question asked for the defence of self defence?

Back

Preview of the front of card 5
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