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Flashcards in Defence - Self-defence Deck (18)
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1
Q

Where do you find the statute basis for self-defence?

A

S.76 of Criminal Justice and Immigration Act (CJIA) 2008

2
Q

Is self-defence also a common-law based offence?

A

Yes

3
Q

What are the requirements of the defence?

A

(1) D must have an honest/genuine belief
(2) must be proportionate response
(3) imminence

4
Q

Which case established that the reasonableness of D’s actions must be judged on the facts as he believed them to be, even if mistaken?

A

Williams (Gladstone) (1984)

5
Q

Which case established that a genuine belief, even when unreasonable suffices but that reasonableness is evidentially relevant?

A

Beckford [1987]

6
Q

Which case established that a D cannot rely on self-defence if his mistaken belief in the need to use force was because he was voluntary intoxicated?

A

O’Grady [1987]

7
Q

Where in statute, is the reliance on self-defence prohibited when the mistaken belief arises because of voluntary intoxication?

A

S.76(5) CJIA 2008

8
Q

Where in statute is the proportionate response considered?

A

S.76(6) and (7)

9
Q

In which case was the jury advised that when assessing proportionality to remember that the balancing exercise by D was not done in calm analytical atmosphere of the courtroom but brief seconds under stress?

A

AG’s Ref for N.I. (No 1 of 1975)

10
Q

In which case was it held that D cannot be expected to weigh proportionality to an exact nicety, the degree of defensive action?

A

Palmer [1971]

11
Q

Which case established that the level of force must be reasonable in response to the facts as D believed them to be?

A

Owino [1996]

12
Q

In which case did the court hold that mistake induced by mental illness was irrelevant to considering the proportionality of force used?

A

Martin [2002]

13
Q

Where in statute is the limit that in householder cases, the degree of force is not reasonable if it is grossly disproportionate?

A

S.76(5A) CJIA 2008

14
Q

In which case was it stated that the fact that the force is not grossly disproportionate (in householder cases) does not necessarily make it reasonable? It depends on the circumstances.

A

R (on application of Collins) v SoS for Justice [2016]

15
Q

Which case established that self-defence cannot operate as a partial defence?

A

Clegg [1995]

16
Q

If there is an opportunity to escape is D expected to take it?

A

Yes but not under duty.

17
Q

In which case could the preparing and holding of petrol bombs to protect shop and family be self-defence as long as only holding onto them when could not be protected by police?

A

AG’s Ref (No 2 of 1983)

18
Q

In which case was it said that ‘a man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot, circumstances may justify a pre-emptive strike’?

A

Beckford [1988]