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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.

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Self Defence Revision

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Self defence


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

Background:



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

Rational:





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

Element 1:

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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