defence - self d structure and cases

Question 1

self defence struc

Answer 1

1. defened yourself or another
2. force
3. in circumstances belived
4. reaosnable
   a. imminence
   b. seriousness
   c. proprtionate response
   d. alternative actions

Question 2

1. defened yourself or another cases

Answer 2

howard
- bit chin, not sd retaliation
thomas
- save from police, can be to another, this was worng tho
dion
- another is not a dog, should be human

Question 3

2. force

Answer 3

terewi
F OFF - force not limited to physical - can b threat, mistke of fact
simpson
drunk broke bro eyesock, intoxication should be consider in use of force as subj

Question 4

3. in the circumstances belived

Answer 4

bridger
- undiagnosed bipolar, didnt effect perception of fear
kingi
- disease of mind, did effect perception
graves
- gun at police, not reaosnable belief, other options

Question 5

4. reaosnable
   a. imminence

Answer 5

ranger
- assult wife threat to kill reach 4 gun, wife stabbed, pre-emptive but real and crystilised
wang
- stabbed when asleep, no immnent threat, other options

Question 6

4. reaosnable
   b. seriousness

Answer 6

simpson
- intoxiation lead him to belelieve

Question 7

1. reasonable
   c. proportionate

Answer 7

murray
- knife v unarmed - karate skill and bigger - evidnce for SD
king
- take into acocunt revlent factor of person, disadv, size, sex, etc

Question 8

1. reaosnableness
   d. alternative actions

Answer 8

lindaroos
flat mates - act of agression not sd as stab happned 20 min after attack

Question 9

lethal force

Answer 9

r v afamagasa
- premptive b4 confrontation
- need to be real and crystilised danger 4 pre-emptive
- should aim to shoot in leg