Self Defence: S3 Criminal Law Act 1967

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GCSE Law (Unit 4) Mind Map on Self Defence: S3 Criminal Law Act 1967, created by beccehjane on 07/06/2015.
beccehjane
Mind Map by beccehjane, updated more than 1 year ago
beccehjane
Created by beccehjane almost 9 years ago
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Resource summary

Self Defence: S3 Criminal Law Act 1967
  1. A person may use such force as is reasonable in the circumstances in the prevention of a crime
    1. Was the use of force necessary?
      1. Hussain, jury will look at the facts from point of view of defendant
        1. S76 Criminal Justice and Immigration 2008, where D makes genuine mistake as to facts they must be judged according to facts as they believed them to be
          1. O'Grady, D can not rely on nay mistaken belief if mistake is made due to D being voluntarily intoxicated
            1. Beckford, D doesn't have to wait for an attack before they use force, pre-emptive strike
            2. Was the force used reasonable in the circumstances?
              1. S76 Criminal Justice and Immigration 2008, a person acting for a legitimate purpose may not be able to weigh to a nicely the exact measure of the necessary action
                1. Clegg, if any force is excessive the defence will fail
                  1. if its revenge/retaliation no defence
                    1. Martin, it is not appropriation to take account whether D suffered a psychiatric condition, when deciding if force was reasonable
                      1. Crime and Courts Act 2013, rule differs for a householder when an intruder enters their property
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