Statutory Defence

Cards (5)

  • prevention of a crime
    1. Defend from attack as long as it is criminal
    2. Preventing an attack on another person
    3. defending property
  • subjective test 

    Look at whether the defendant himself believed force was necessary
  • objective test 

    whether force used was reasonable
  • definition s3 (1) criminal law act 

    "A person may use such force as is reasonable in the circumstances or in affecting or assisting in the lawful arrest of offenders or suspected offenders, or if persons unlawfully at large"
  • key case
    R(bennet) v HM Coroner
    Bennett shot by police officer after report he was carrying a gun.
    article 2 - absolutely necessary
    section 3 - reasonable in circumstance
    jury ruled it a lawful killing