the law for householder cases

• What does section 76 (5 A) of the criminal justice and immigration act 2008 say?

  In a householder case, force that is grossly disproportionate is not reasonable. this means that a householder can use reasonable and DISproportionate force to protect themselves and others in the home.
• what section of which legislation states that In a householder case, force that is grossly disproportionate is not reasonable. this means that a householder can use reasonable and DISproportionate force to protect themselves and others in the home?

  section 76 (5) (A) of the criminal justice and immigration act 2008
• what is the criteria for a case to be a householder case?

  1. the force must be used by the defendant while in or partly in a building that is a dwelling
  2. the defendant must not be a tresspasser
  3. the defendant musve believed that the victim was a tresspasser
• what is the significance of the case of r v Ray?

  It asks two questions that need to be considered when there is a householder case to decide if it was allowed to use self defence in the given case.
• which case asks two questions that need to be considered when there is a householder case to decide if it was allowed to use self defence in the given case?

  r v Ray
• what are the two questions asked in the case of r v ray?

  1. Was the degree of force that the defendant used grossly disproportionate in the circumstances that the defendant believed them to be? If yes, the defendant cannot use the defence of self defence.
  2. if the force used by the defendant was not grossly disproportionate, then was the degree of force nevertheless reasonable in the circumstances the defendant believed them to be? If yes, the defendant has a defence.
• the jury might have to consider matters such as:

  1. the shock of coming across an intruder in the house
  2. the time of day
  3. the presence and vulnerability of others in the home, especially so with children
  4. if any weapon or object was used or picked up
  5. the conduct, previous conduct, of the intruder