Self defence

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  • Self Defence
    • D may try to argue she is not guilty by pleading self defence
    • this is set out partially in common law and partially in the Criminal Justice And Immigration Act 2008
    • to use self defence, it must be necessary to use force and the force must be reasonable and proportionate to the threat
    • for force to be necessary, Beckford shows D must believe the force is imminent, and may use pre-emptive force in response to this
    • Williams (Gladstone) also shows D can make a mistake about force being necessary, as long as they genuinely believe force is needed
    • secondly, s76(3) shows that reasonable force is determined based on circumstances as D believed them to be
    • s76(7)(a) clarifies D does not need to weigh up exactly how much force is necessary in the heat of the moment
    • s76(b) also adds that if D had only done what they honestly and instinctively think is necessary.
    • this will not be the case when D has acted out of revenge or with excessive force (Hussain)
    • Apply reasonable and proportionate

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