self defence

Question 1

self defence

Answer 1

set out in both the common law and Section 3 of the Criminal Law Act 1967

Question 2

set out in both the common law and Section 3 of the Criminal Law Act 1967

Answer 2

self defence

Question 3

R v Gladstone

Answer 3

Was it necessary for the Defendant to use force? The Defendant will be judged according to the facts as he or she genuinely believed them to be (a subjective test)

Question 4

Was it necessary for the Defendant to use force? The Defendant will be judged according to the facts as he or she genuinely believed them to be (a subjective test)

Answer 4

R v Gladstone

Question 5

s76(5) Criminal Justice and Immigration Act 2008

Answer 5

If D’s honestly held belief was due to the defendant’s intoxicated state then the defence cannot be used

Question 6

S.76 (6A)

Answer 6

makes it clear that D is not under a duty to retreat but it is a factor to be taken into account when considering whether force was necessary and proportionate

Question 6

If D’s honestly held belief was due to the defendant’s intoxicated state then the defence cannot be used

Answer 6

s76(5) Criminal Justice and Immigration Act 2008

Question 7

makes it clear that D is not under a duty to retreat but it is a factor to be taken into account when considering whether force was necessary and proportionate

Answer 7

S.76 (6A)

Question 8

s76(7) Criminal Justice and Immigration Act 2008

Answer 8

Special case for householders - D is not regarded as having acted reasonably if the degree of force was grossly disproportionate

Question 9

Special case for householders - D is not regarded as having acted reasonably if the degree of force was grossly disproportionate

Answer 9

s76(7) Criminal Justice and Immigration Act 2008