Doesn't just defend oneself from attack but also ations to defend another. Statute: S3 Criminal Law Act 1967
Two main questions that need to be asked when the defence of self-defence is being used:
- What the use of force necessary?
- What the use of force reasonable?
Force is not justified if it isnt reasonable, they are questions for the jurt to ask, in many cases it will straightforward and it depends on the circumstances in each case
Hussain: once the danger passes the defence of self-defence can't be used
If the D has made a mistake of what is happening and where the D makes a genuine mistake the jury have to decide whether force is necessary in the circumstances the D honestly believed existed (Gladstone Williams). If it is a drunken mistake the defence cannot be used (O'Grady)
Jury need to decide in all circumstance did the D use force that was reasonable?, the jury has as much time as they need to balance all the facts, the facts are as the D believed them to be (subjective), circumstances of attack are taken into consideration and the balance risk to himseelf against the rik of harm to the V
Burden of Proof = lies with PROSECUTION DEFENCE need to raise it, jury need to be convinced
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