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Self defence/ of another are common law
defences, however s3 Criminal Law Act 1967
helps:
­ `a person may use force as is reasonable in the
circumstances in the prevention of a crime'…read more

Slide 3

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Degree of force
The Criminal Justice and Immigration Act 2008
helps to explain what may be considered
reasonable:
(a) legitimate purpose may not be able to
weigh to the exact measure of any necessary
action
(b) honestly and instinctively thought was
necessary…read more

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Mistaken use of force in self defence
The D must be judged on the facts that he
genuinely believed them to be.
Williams (1987)- confirmed this
Drunken mistake:
Cannot rely on the defence if voluntary
intoxicated…read more

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AO2 time
Problems:
· The jury are left to decide whether force was
necessary= inconsistent interpretations
· Pre-emptive strike- AG Ref (no 2 1983) (1984)- it
was held that the D can react to save themselves
before an attack even if this breaches the law
· Excessive force-if there is too much force then the
D cannot use self-defence
· Relevance of D's characteristics- unclear as to
whether these should be considered…read more

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Consent as a defence
· It may be a defence for battery but never a
defence for serious injury or murder
· Donovan (1995)- if consent is given to being
touched there is no battery
· Slingsby (1995)- also approves this decision…read more

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