Self Defence
- Created by: Alanis:
- Created on: 05-12-16 12:29
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- Self Defence
- Common Law offence. Can also be found in S3 of the Criminal Law Act, 1967.
- The use of reasonable force to protect property, yourself, or others from the bodily harm from the attack of an aggressor; or to protect property.
- Reasonable force = In proportion to that being used by the aggressor.
- Can be used in both criminal and tort law. As long as reasonable force has been used.
- R V. Martin - Unreasonable force. R V. Noyes - Reasonable force.
- Positives
- A witness to a violent crime with a continuing threat of violence may well be justified in using reasonable force to remove a threat of further violence.
- Acquits the victim, so they won't be prosecuted.
- It protects the health and well-being of the victim by allowing them to act and protect themselves.
- Negatives
- It contradicts human rights- if you shoot someone to protect your house, do you value their life less?
- Encourage vigilantism.
- If the defendant sought the confrontation, the man who starts the violence, the aggressor, cannot use self-defence as a defence.
- Reforms
- New definition of provocation for when a person acts lethally- they cannot use self defence as a defence.
- If greater harm results from the use of force in self defence (death of the aggressor) it does not alter the defence available.
- If the use of force was reasonable to cause any harm which could reasonably been foreseen. It is justified even if it results in some greater harm.
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