(a) Defend himself from an attack (b) Prevent an attack on another person (c) Defend his property.
1 of 8
Was the level of force reasonable? (Lord Morris in Palmer v R [1971])
A person who is being attacked should not be expected to "weigh to a nicety the exact measure of his necessary defensive action". If the jury thought that in the 'agony of the moment' D did what he honestly and instinctively thought was needed
2 of 8
Clegg and Martin
Excessive force
3 of 8
R v Williams
Genuinley believed he was protecting someone from an attack - did not realise that it was an undercover police officer.
4 of 8
Hussain
Risk already gone - no need for use of force.
5 of 8
Two questions
Was the use of force necessary in the circumstances? Was the level of force reasonable - objective judgement
6 of 8
Dewer
Used force upon a boy he genuinley believed would attack his son.
7 of 8
Homeowners rule
Not excessive unless 'grossly disproportionate'
8 of 8
Other cards in this set
Card 2
Front
A person who is being attacked should not be expected to "weigh to a nicety the exact measure of his necessary defensive action". If the jury thought that in the 'agony of the moment' D did what he honestly and instinctively thought was needed
Back
Was the level of force reasonable? (Lord Morris in Palmer v R [1971])
Card 3
Front
Excessive force
Back
Card 4
Front
Genuinley believed he was protecting someone from an attack - did not realise that it was an undercover police officer.
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