SELF DEFENCE mindmap LAW 03

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  • Created by: abic1
  • Created on: 27-02-18 16:45
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  • SELF DEFENCE
    • Can defend themselves, their property, someone else, and their property
    • Vigilante behaviour must be discouraged PUBLIC POLICY
    • Must pass the reasonableness test, decided by jury
    • Actus reus and mens rea present, but circumstances in which offence was committed means defendant is not criminally liable
    • Prosecution must disprove it by proving force used was unnecessary, or that the actual degree of force used was unreasonable
      • Necessity of Force
        • Use of force is not justified if not necessary
        • Sober + mistaken belief of need to use self defence = accepted WILLIAMS
        • Intoxicated + mistaken belief of need to use self defence = not accepted O'GRADY
        • Pre-emptive strike accepted BECKFORD
        • Can prepare for an attack AG REF
        • No duty to retreat BIRD
      • Reasonable Force
        • Objective test, up to the jury to decide
        • Only such force may be used as is reasonable in the circumstance
        • Defendant doesn't have to weigh things to a nicety PALMER
        • Excessive force is not accepted MARTIN
        • Force is not reasonable if  disproportionate S76 CRIMINAL JUSTICE & IMMIGRATION ACT 2008
        • Defendant shouldn't be expected to calculate exact amount of force that needs to be used S76 (7) CRIMINAL JUSTICE & IMMIGRATION ACT 2088

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