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OCR Law Paper 1 Section B- Self Defence cases and definitions

Answer the clues using these cases or definitions: R v Ray, R v Clegg, Retreat, such force as is reasonable, Objective Test, s.3 (1) Criminal Law Act 1967, Exact, Such force as is reasonable, Householder Cases, s.76, Disproportionate force, Dwelling, R v Bird, Factors to Prove (statutory), Mistake can include mental health conditions, R v Williams, R v Williams (Gladstone), R v Rashford
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Last updated: May 21, 2024
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First submittedMay 21, 2024
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Hint
Answer
which statute is the Statutory defence of self defence governed by?
s.3 (1) Criminal Law Act 1967
How much force can someone use in the circumstances of prevention of crime or effecting or assisting lawful arrest of offenders or of persons unlawfully at large?
Such force as is reasonable
1. Whether the Defendant believed that the force was necessary to prevent crime or assist a lawful arrest-Subjective test
2. whether the use of force was reasonable- objective test
Factors to Prove (statutory)
Case that's only used to prevent crimes in progress
R v Williams
was the degree of force grossly disproportionate in the circumstances as they believed them to be?
Was the degree of force the D used nevertheless reasonable in the circumstances they believed them to be?
Householder Cases
Was the degree of force the D used nevertheless reasonable in the circumstances they believed them to be? Case
R v Ray
Defendants may make a mistake about the need to use force- case
R v Williams (Gladstone)
Which Section of the Criminal Justice and Immigration Act 2008 is the old common law now footed in?
s.76
What did R v Oye and R v Press & Thompson establish?
Mistake can include mental health conditions
Hint
Answer
Which case established that the law accepts people may have to use force for defence?
R v Bird
S.76 (6A) CJIA established that a person is not under a duty to do what?
Retreat
Case which established that the aggressor can only use the defence if the victim's own act was wholly disproportionate:
R v Rashford
What will not be seen as reasonable force?
Disproportionate force
What type of test is used to establish proportionality of use of force?
Objective Test
s.76 (7) (a) a person may not be able to work out the ...... measure of force
Exact
Other case which establish that excessive force will not be accepted not R v Martin:
R v Clegg
Where must force be used by D in householder cases?
Dwelling
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