SELF DEFENCE mindmap LAW 03
- 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
- Necessity of Force
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