self defence

• how will it be decided if the force used was necessary?

  Whether or not the force was necessary or not will be decided based on the facts that the D genuinely believed to be occuring at the time
• what 2 questions are asked by s76 of the criminal justice and immigration act?

  Was the force necessary?

  If so, was the force proportionate and reasonable to the harm threatened to the defendant
• what does section S76(3) of the criminal jsutice and immigration act 2008 say?

  It states that whether or not the force that was used was reasonable will be decided on the individual circumstances that the defendant believed them to be
• what does section 76(5) of the criminal justice and immigration act 2008 say?

  It states that fi a mistake is made due to intoxication then the defendant cannot rely on the mistake as it was self inflicted
• what does section 76 (5A) of the criminal justice and immigration act 2008 say?

  It states that in a house holder case, the D can use disproportionate force- NOT GROSSLY DISPROPORTIONATE FORCE
• What does Section 76(6) of the criminal justice and immigration act 2008 say?

  In the D's home, disproportionate force which isnt gross, can be used.
• what does Section 76(6A) of the criminal justice and immigration act 2008 say?

  There is no duty for the D to retreat if they feel threatend
• What does S76(6B) of the criminal justice and Immigration act 2008 say?

  If there was evidence of the D doing only what they honestly thought was necessary, it shows that they took reasonable action
• what is a pre-emptive strike?

  A strike made to protect the D before the V could strike
• whati s the significance of the case of r v ray?

  It reinforces the rules of self defence for house holder cases:

  D can use reasonable force to protect themself or others.

  D can use disproportionate force if it was honestly thought to be necessary.

  D cannot use grossly disproportionate force
• what is the significance of the case of r v bird?

  It shows that the court will consider if the D could have retreated
• what is the significance of the case of r v Oye??

  It shows that the facts which the defendant genuinely believed can be altered due to mental conditions. This can include hallucinations, or dellusions which resulted from a psychological condition
• what is the significance of the case of r v williams (gladstone) ??

  It shows that hte defendant should be judged according totheir genuine, possibly mistaken, view of the facts regardless of whether the mistake was reasonable or not
• What is the significance of the case of r v rashford??

  It shows that if the D was the initial agressor, force can be used if the V's actions were wholly disproportionate
• What is the significance of the cases of R v Clegg and R v Martin??

  They are examples of grossly dispropotionate force being used.
• what legislation governs self defence??

  The criminal justice and immigration act 2008
• which legislation allows premptive strikes??

  Section 76(6A) of the criminal justice and immigration act 2008