Self defence
- Created by: __Jess
- Created on: 17-02-23 09:48
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- Self defence
- Did the defendant think it was necessary to act?
- D has to show they genuinely believed it was necessary to act
- Can be used as a defence, even if they acted mistakenly - so long as it was a reasonable mistake
- Gladstone Williams
- A drunken mistake will not count
- O'Connor
- The defendant does not need to try to retreat from the violence first
- R v Bird
- If the threat is over, the use of force is no longer necessary
- R v Hussain
- Preparation for an attack is not necessary as there is no current threat
- AG's Reference No2 of 1983
- Was the degree of force reasonable?
- The force used in self-defence must be proportionate
- R v Clegg
- R v Martin
- For householders, the degree of force is only unreasonable if it is grossly disproportionate
- Collins v Secretary of State for Justice
- Only as of 2013
- The force used in self-defence must be proportionate
- Did the defendant think it was necessary to act?
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