General Defences (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Self-defence outcome if successful
Self-defence outcome if successful
Complete defence - defendant acquitted
Two parts of self-defence test
Two parts of self-defence test
Necessity (subjective) & reasonableness (objective)
Necessity test - whose perspective?
Necessity test - whose perspective?
Subjective - defendant's genuine belief
Reasonableness test - standard used?
Reasonableness test - standard used?
Objective - what reasonable person would regard as reasonable
R v Williams (1987) principle
R v Williams (1987) principle
Honest but mistaken belief allows self-defence
Mistaken belief + intoxication effect
Mistaken belief + intoxication effect
Defence fails - O'Grady (1987), R v Taj (2018)
Pre-emptive strikes in self-defence
Pre-emptive strikes in self-defence
Allowed - can strike first, no need to wait for attack
Excessive force effect on defence
Excessive force effect on defence
Defeats defence even if some force necessary
Householders' force limit (s76 CJIA 2008)
Householders' force limit (s76 CJIA 2008)
Disproportionate OK, not grossly disproportionate
s3 Criminal Law Act 1967 allows
s3 Criminal Law Act 1967 allows
Reasonable force to prevent crime