Self defence

    Cards (15)

    • Use of reasonable force
      Decided by §376 (3)
    • Complete defense by circumstance they believed it to be Owning
    • Did D use such force as was
    • Objective test
      • Objectively reasonable (and mental illness)
      • In circumstances they believed them (subjective)
    • Hussain unreasonable but bucken, buain dancaste
    • Preparation
      1. As vel no. 2
      2. Prepare to defend yourself
    • Initial assessment
      • Self-defense
      • Necessity
      • All offences against the person
      • Burden on prosecution to prove force unnecessary or unreasonable
    • Was use of force necessary? (Subjective) Judged on facts as the honestly believed them to be §76 (4)
    • Mistakes: Gladstone V Willin thought assaultus minov
    • §76 criminal justice and immigration act even if initial aggressor, if they read badly- ok
    • Ev Rashford pre-emptive strike Beckford V the Queen U allowed
    • Duty to retreat
      §76(6)(a) no duty to reflect -k v Bird
    • You don't have to be reasonable
    • Hussain threat passed - not necessary
    • §76 (5) intoxicated mistake excluded mental condition allowed R VOYE
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