Self defence
- Created by: alliehxtch18
- Created on: 23-05-18 11:38
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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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