The reasonableness of def’s belief that force was nec is relevant to whether he genuinely held the belief, however, if he did, he is entitled to rely on self-defence
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s 76(5) of CJIA 2008
However, def cannot rely on such a mistake if the mistake was induced by voluntary intoxication
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s 76(3) CJIA 2008
It is an objective question with a subj element- the def must use reasonable force in the circumstances as he believed them to be
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s 76(6) CJIA 2008
Where a def uses excessive or disproportionate force, his self-defence will not be successful
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Other cards in this set
Card 2
Front
s 76(5) of CJIA 2008
Back
However, def cannot rely on such a mistake if the mistake was induced by voluntary intoxication
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