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

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Hint Answer % Correct
What will not be seen as reasonable force? Disproportionate force
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Where must force be used by D in householder cases? Dwelling
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s.76 (7) (a) a person may not be able to work out the ...... measure of force Exact
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1. Whether the Defendant believed that the force was necessary to prevent crime or assist a lawful arrest-Subjective test2. whether the use of force was reasonable- objective test Factors to Prove (statutory)
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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
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What did R v Oye and R v Press & Thompson establish? Mistake can include mental health conditions
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What type of test is used to establish proportionality of use of force? Objective Test
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S.76 (6A) CJIA established that a person is not under a duty to do what? Retreat
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Which case established that the law accepts people may have to use force for defence? R v Bird
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Other case which establish that excessive force will not be accepted not R v Martin: R v Clegg
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Case which established that the aggressor can only use the defence if the victim's own act was wholly disproportionate: R v Rashford
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Was the degree of force the D used nevertheless reasonable in the circumstances they believed them to be? Case R v Ray
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Case that's only used to prevent crimes in progress R v Williams
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Defendants may make a mistake about the need to use force- case R v Williams (Gladstone)
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which statute is the Statutory defence of self defence governed by? s.3 (1) Criminal Law Act 1967
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Which Section of the Criminal Justice and Immigration Act 2008 is the old common law now footed in? s.76
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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
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