2903129
Description
Mind Map by beccehjane, updated more than 1 year ago
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Created by beccehjane
over 9 years ago
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Self Defence: S3 Criminal
Law Act 1967
- A person may use such force as is reasonable in the
circumstances in the prevention of a crime
- Was the use of force
necessary?
- Hussain, jury will look at the facts
from point of view of defendant
- S76 Criminal Justice and Immigration 2008, where D
makes genuine mistake as to facts they must be
judged according to facts as they believed them to be
- O'Grady, D can not rely on nay mistaken belief if
mistake is made due to D being voluntarily intoxicated
- Beckford, D doesn't have to wait
for an attack before they use force,
pre-emptive strike
- Hussain, jury will look at the facts
from point of view of defendant
- Was the force used reasonable
in the circumstances?
- S76 Criminal Justice and Immigration 2008, a
person acting for a legitimate purpose may
not be able to weigh to a nicely the exact
measure of the necessary action
- Clegg, if any force is excessive
the defence will fail
- if its revenge/retaliation
no defence
- Martin, it is not appropriation to take account whether D suffered
a psychiatric condition, when deciding if force was reasonable
- Crime and Courts Act 2013, rule differs for a
householder when an intruder enters their property
- S76 Criminal Justice and Immigration 2008, a
person acting for a legitimate purpose may
not be able to weigh to a nicely the exact
measure of the necessary action
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