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Self defence
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Created by
Liberty Andrews
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Cards (15)
Use of
reasonable force
Decided by §376 (
3
)
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Complete defense
by circumstance they believed it to be
Owning
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Did
D use such
force
as was
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Objective test
Objectively
reasonable
(and mental illness)
In circumstances they
believed
them (subjective)
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Hussain
unreasonable but
bucken
, buain dancaste
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Preparation
1. As vel no. 2
2. Prepare to defend yourself
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Initial assessment
Self-defense
Necessity
All offences against the person
Burden on
prosecution
to prove force unnecessary or
unreasonable
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Was use of force necessary? (Subjective) Judged on facts as the
honestly believed
them to be
§76
(4)
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Mistakes:
Gladstone
V Willin thought
assaultus minov
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§76 criminal justice and immigration act even if initial aggressor, if they read
badly-
ok
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Ev Rashford pre-emptive strike
Beckford
V the
Queen
U allowed
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Duty to
retreat
§76(6)(a) no duty to reflect
-k
v
Bird
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You don't have to be
reasonable
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Hussain threat passed
- not necessary
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§76 (
5
) intoxicated mistake excluded mental condition allowed R VOYE
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