Self defence evaluation
- Created by: swamp
- Created on: 20-04-23 13:27
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- Self-defence evaluation
- if force necessary?
- difficult for a jury to answer, especially when the D has to retreat before using force (Bird)
- CIJA and LASPO clears the law, no obligation to retreat, an I person can rely on a sober mistake
- difficult for a jury to answer, especially when the D has to retreat before using force (Bird)
- distinction between householder and others
- are householders morally justified?
- reasonable only when GD, moral right to defend themselves to a certain degree
- 'grossly disproportionate has not been defined'
- unreasonable mistakes are fine
- are householders morally justified?
- pre-emptive strikes
- not necessary to wait (Attorney Generals Reference 1983)
- the defence and morality
- a person acting in self-defence can still exceed a limit
- level of fault can be reflected in sentencing
- a person acting in self-defence can still exceed a limit
- all or nothing defence
- defence either succeeds or fails completely
- should be a partial defence
- defence either succeeds or fails completely
- relevance of D's characteristics
- in Martin and Cairns, it wasn't used appropriate to account for the mental conditions
- lack of statutory definition
- should the judge use ordinary language to avoid confusing the witness?
- can force be used to protect property?
- in Williams, the defence can only be used in relation to crimes being committed
- if force necessary?
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