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Self Defence - Coggle Diagram
Self Defence
Self defence EVALUATION
The position regarding householders is now fairer as a result of the Crime and Courts Act 2013, this reflects the seriousness of finding an intruder in your home
However, in Collins v SOS for Justice (2016) it was stressed that this does not give householders carte blanche to use any force
The position on drunk mistakes under S.76 CIJA 2008 could also be argued to be unfair, if a sober defendant is mistaken as to the need for force in self- defence then he will be acquitted, as seen in Gladstone Williams, however, if this mistake is because of voluntary intoxication then the defendant will be convicted
The law allows for a pre- emptive strike which is a positive position as it would not be sensible if a person had to wait until they were being attacked before defending themselves
In Murder, Manslaughter and Infanticide 2006 LC Report it was suggested that ‘fear of serious violence’ should be part of the new provocation defence
Similarly, it is fair on the defendant that there is no duty to retreat as this would place ‘too great an obligation’ on the defendant, as seen in the case of Bird (1985)
Argued that it should be a partial defence where excessive force is used but in Clegg Lord Lloyd rejected this argument
It has also been argued that it is unfair that the courts do not take into account any psychiatric conditions of the defendant, as demonstrated in Martin (2002) However, this was justified as self- defence is usually raised in cases of minor assault and it would be ‘wholly disproportionate to encourage medical disputes in cases of that sort’
All or nothing’ defence- the Law Commission stated that this was ‘unproblematic’ when the judge has discretion on sentencing, but when the defendant is charged with murder there are problems as a result of the mandatory life sentence
Necessary Force
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Law allows a pre-emptive strike, you don't have to wait for someone to hit you
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In the circumstance the d believed to exist, was it necessary to use force
Clegg - soldier shot a joy rider, after travelling past him, no defence
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Reasonable Force
Owino - entitled to use such force that is reasonable (objective) in the circumstances he believed to exist (subjective)
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Summary
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The d can use reasonable force to defend himself, another or his/her property
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Mistaken Belief
Gladstone Williams - d is entitled to be judged according to the facts they honestly believe to exist
V saw black youth seize handbag, chased man down road, believed the v was attacking the woman, honest belief
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