Self Defence Legal Framework PDF

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Self Defence Legal Framework Burns = In order to be able to claim self-defence the defendant must be defending self, anyone else, property or helping in the prevention of crime. S.76 CJIA = Codifies the common law S.3 CLA = Prevention of crime Owino/Palmer = Common law test Test for self-defence: Owino = Two Limb Test: (1)Whether in the circumstances, as the defendant perceived it to be, even if mistaken, the situation as he honestly believed, required the use of force? (Subjective) (2)Was the force used reasonable as the defendant saw the situation? (Objective) Limb (1)/Mistake: (Subjective) S.76(4) CJIA = The defendant can rely on a genuinely held mistaken belief. Gladstone Williams = Can make a mistake in perception Martin = Physical/psychological factors can be considered for the subjective limb, not objective Limb (2)/Reasonableness of Force: (Objective) S.76(6) CJIA = The force must be proportionate to the circumstances as the defendant saw them. S.76 (7) CJIA = Consider: 1)Legitimate action may not be weighed to a nicety 2)Doing what is honestly necessary will be strong evidence of reasonable force. DPP v Armstrong = The force used will be assessed objectively as the defendant saw the situation. Oatridge = The force used must be commensurate Palmer = Force cannot be weighed to nicety, if jury satisfied it was reasonable, then acquittal. Clegg = All or nothing defence, excessive force then murder. Noye = Not liable for unforeseen harm, if force used was reasonable. Revenge/Pre-emptive: Harvey = Can be used as defence in revenge but not if incites the attack (Followed Rashford) AG ref 2 of 83 = Can prepare for attack and defend self by unlawful means Beckford = Do not have to wait for the person to strike you first Intoxication/Duty to Retreat: S.76(5) CJIA = Cannot rely on mistaken drunken belief. S.76 (6) CJIA = There is no duty to retreat Bird = There is no duty to retreat Hatton = Voluntarily intoxicated mistake to situation or force will fail. Essay points:...