Self Defence Notes
This is a sample of our (approximately) 3 page long Self Defence notes, which we sell as part of the Criminal Law Notes collection, a A package written at York College in 2015 that contains (approximately) 83 pages of notes across 41 different documents.
The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.
Self Defence Revision
The following is a plain text extract of the PDF sample above, taken from our Criminal Law Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.
Public and private defence Three types o Defence of self and others - s76 Criminal Justice and Immigration Act 2008 o Prevention of crime - s3 Criminal Law Act 1967 o Defence of property - Criminal Damage Act 1971 Overlaps
Long existed at common law - recently put on statutory footing o New Act only put common law rules into statute - changed little - missed opportunity Complete defence - developed rules which make it harder to get Available to all crimes including murder Defence of justification
Protect self/ others/ property Try to prevent crimes Not for those with truly criminal intent Not for revenge attacks Can't take the law into your own hands - can't encourage vigilantism - it's for the law to punish Competing interests - difficult balance - individual v public
At common and statute law, jury must be satisfied that D believed that some force was required in self-defence - subjective - s76(3) o Liberally interpreted at common law and likely to continue o Williams 1987 - man on bus got off to help youth being attacked, punches man attacking youth, but man was trying to apprehend youth who had just attack old lady - mistaken belief about need of force is ok if jury believe it was genuine -
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