was it necessary to use force?

• the defendant will be judged according to the facts that they genuinely believed them to be.
• what is the significance of the case of r v Williams (Gladstone)?

  It shows that a defendant should be judged according to their genuine, mistaken view of the facts-- regardless of if their mistake was reasonable or unreasonable.
• which case shows that a defendant should be judged according to their genuine, mistaken view of the facts-- regardless of if their mistake was reasonable or unreasonable?

  r v Williams (Gladstone)
• what does section 76(3) of the criminal justice and immigration act 2008 say?

  It states that the question whether the degree of force used by the defendant was reasonable in the circumstances is to be decided by reference to the circumstances is to be decided by reference to the circumstances that the defendant believed them to be.
• what section of which legislation states that the question whether the degree of force used by the defendant was reasonable in the circumstances is to be decided by reference to the circumstances is to be decided by reference to the circumstances that the defendant believed them to be?

  Section 76 (3) of the criminal justice and immigration act 2008
• What does the following question mean: "The question of whether the degree of force used by the defendant was reasonable in the circumstances is to be decided by reference to circumstances that the defendant believed them to be." ?

  It means that in each situation, the important point is to establish the facts as the defendant genuinely believed them to be.
• what does section 76 (4) of the criminal justice and immigration act 2008 say?

  If the defendant claims to have held a particular belief in regards to the existence of any circumstances-

  1. The reasonableness, or otherwise, of that belief is relevant to the question whether the defendant genuinely held it but
  2. if it is determined that the defendant did not genuinely hold it, the defendant is entitled to rely on it for the purposes of whether it was mistaken, and if it was mistaken, if the mistake was a reasonable mistake
• In short, what does section 76(4) of the criminal justice and immigration act 2008 say?

  If the defendant genuinely made a mistake, they should be judged on the facts they believed them to be. this is so even if the mistake was unreasonable
• What does section 76 (5) of the criminal justice and immigration act 2008 say?

  if a defendant made a mistake due to voluntary intoxication, then the defendant cannot rely on their mistaken belief of the circumstances caused by the intoxication.