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Self Defence
Introduction

At Common Law, there are three situations where reasonable force may be used:

1. Actions used to defend oneself from an attack.
2. Actions used to defend another.
3. Actions used to defend one's property.

These are covered under s.3 of the Criminal Law Act 1967 which…

Page 2

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s.76 dictates that in each situation, the important point is to establish the facts as the defendant genuinely believed
them to be. If the defendant made a mistake then he is to be judged on the facts as he believed them to be. This is
so, even if the mistake…

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Relevance of the Defendant's Characteristics

Martin (Anthony) (2002)
D shot 2 burglars who had broken into his farmhouse. The evidence showed that the burglars were
leaving when D shot them, one in the back.
Personality disorders cannot be taken into account when considering self-defence.
It would be "wholly disproportionate to…

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