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Slide 1

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Non fatal OAP
Self defence/ of another/ to prevent
a crime…read more

Slide 2

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Self defence/ of another are common law
defences, however s3 Criminal Law Act 1967
­ `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
(a) legitimate purpose may not be able to
weigh to the exact measure of any necessary
(b) honestly and instinctively thought was
necessary…read more

Slide 4

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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

Slide 5

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AO2 time
· 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

Slide 6

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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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