Summary
Summary Self defence
- Institution
- AQA
Includes: - Self Defence
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Definition from R v Palmer = “It is both Necessity Defences - Self Defencegood law and good sense that a man who
is attacked may defend himself”
Defense of Prevention of Crime
S(3) of Criminal Law Act 1967 – ‘A person may use such force as is
Requirements: reasonable in the prevention of crime’
1. Must be necessary to use some force;
2. Degree of force must be reasonable (r v Palmer –
D must not be able to ‘weigh to a nicety the exact
measure of his defensive action’);
Extras:
1. Householders = S(76) of Criminal Justice and
Immigration Act 2008 allows a householder to
use ‘disproportionate force’ in self-defense;
2. Pre-emptive Strikes (Duty to Retreat) = Not
necessary to retreat but may help with test for
reasonableness (R v Bird);
3. Pre-emptive Strikes (Revenge) = doesn’t rule
out possibility of defense as long as they did
not start violence (R v Rashford)
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