Publice self defence- Section 3(1) of the Criminal Law Act 1967 and is defined as resonable force to prevent crime e.g. Citizens Arrest
Private self defence is a common law- allows the defendant to use reasonable force to;
defend themsleves from an attack
prevent an attack on another person
defend your property
Use the defence in relation to all crimes- but with murder the defendants life must be at risk
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Self defence- Part 2
Courts will take into accout;
Whether the accused could have retreated from the situation
Whether the test was imminent.
Whether the defendant made a mistake which made him think the action was justified
Resonable force is considered by the jury based on the circumstances
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Self Defence part 3
Self defence is a good defence provided the misake is honest- R v Williams
Pre-emptive slef defence is allowed as long as the defendant act pre-emptivels to prevent and attack- AG's ref
Excessive force means that the defence cannot be used becuase it indicates that the defendant actd unresonably- R v Clegg- Soldier, was excessive force- R v Martin- Psychiatric condition
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