Self defence - Unit 3

HideShow resource information
  • Created by: Carissa
  • Created on: 13-06-15 17:47
When can self defence be used?
(a) Defend himself from an attack (b) Prevent an attack on another person (c) Defend his property.
1 of 8
Was the level of force reasonable? (Lord Morris in Palmer v R [1971])
A person who is being attacked should not be expected to "weigh to a nicety the exact measure of his necessary defensive action". If the jury thought that in the 'agony of the moment' D did what he honestly and instinctively thought was needed
2 of 8
Clegg and Martin
Excessive force
3 of 8
R v Williams
Genuinley believed he was protecting someone from an attack - did not realise that it was an undercover police officer.
4 of 8
Hussain
Risk already gone - no need for use of force.
5 of 8
Two questions
Was the use of force necessary in the circumstances? Was the level of force reasonable - objective judgement
6 of 8
Dewer
Used force upon a boy he genuinley believed would attack his son.
7 of 8
Homeowners rule
Not excessive unless 'grossly disproportionate'
8 of 8

Other cards in this set

Card 2

Front

A person who is being attacked should not be expected to "weigh to a nicety the exact measure of his necessary defensive action". If the jury thought that in the 'agony of the moment' D did what he honestly and instinctively thought was needed

Back

Was the level of force reasonable? (Lord Morris in Palmer v R [1971])

Card 3

Front

Excessive force

Back

Preview of the back of card 3

Card 4

Front

Genuinley believed he was protecting someone from an attack - did not realise that it was an undercover police officer.

Back

Preview of the back of card 4

Card 5

Front

Risk already gone - no need for use of force.

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »