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Criminal Law - GenD

General Defences: Self Defence

QuestionAnswer
Test for Self-Defence D used reasonable force in circumstances as they genuinely believed them to be in defence of self, another, or property
Dewar Football dad - Force not used during attack - defence doesn't apply
Harvey Nose Biter - force necessary if pinned down, but not necessary otherwise
Williams You can rely on a genuine mistake
O'Grady You can't rely on a drunken mistake
Oye The test is subjective, therefore the force used on police is necessary (thought they were demons)
Bird Withdrawing or showing an unwillingness to fight is evidence that D is acting reasonably, but this is no requirement`
McInnes Went towards the trouble so self defence couldn't apply
Buckley Relative size is relevant to how much force is reasonable
Clegg Car drives towards soldier - fires three shots. Final shot taken after the car had gone past so defence failed (excessive force)
Beckford Pre-emptive strikes are valid where there is genuine belief of danger
Martin Evidence showed that intruders were leaving when he shot them, so defence faile d - force used was unreasonable
What type of defence is self-defence? Full defence
Palmer Force must merely be necessary/reasonable - "D needn't weighto a nicety" - a range of responses are reasonable
Rashford D was agressor initially, but V and friends responded out of proportion to agression, so defence was successful
Created by: Oscar.G
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