Self Defence
- Created by: Janki
- Created on: 10-01-15 18:01
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- Self Defence
- NECESSARY -subjective
- MISTAKE
- D should be judge according to his genuine mistaken view of the facts
- Williams - an honest but not necessarily reasonable mistake is still a defence
- O'Grady - not entitles to rely upon a mistake of fact by voluntary intoxication
- Hatton - drunken mistake of fact not valid to murder either
- D should be judge according to his genuine mistaken view of the facts
- 1) Did D honestly believe that they had to use force to protect themselves?
- Beckford - the defendants beliefs must be honest if not necessarily reasonable (even if mistaken)
- can also be to defend another
- 2) Was there an opportunity to retreat that they did not take?
- McInnes - if there was a chance to retreat and D did not take it, the defence is not removed by the judge, but may weaken it in the eyes of the jury
- D's instincts should be to avoid confrontation
- 3) Was the threat immediate?
- Attorney General's Reference No2 1983 - shop keeper kept petrol bombs in shop to protect it from rioters (accepted)
- If D feels they are about to be attacked, pre-emptive action will suffice
- MISTAKE
- REASONABLE - objective
- Munir Hussain case - cannot be used where all danger is over
- Palmer - 'a person who is being attacked should not be expected to weigh to a nicety the exact measure of his necessary defensive action' - force may not always be directly proportionate; as the situation is one of distress
- Excessive force
- Owino - whether the amount of force used was reasonable is decided by the jury
- Clegg- not reasonable force as there was no danger when he fired the shot
- NECESSARY -subjective
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