Defences Flashcards
1
Q
Is self defence available as a defence to crimes committed by force ?
A
Yes - the basic common law principles of self defence are set out in PALMER
2
Q
What is the two stage Palmer test for self defence ?
A
- Did the defendant HONESTLY believe that the use of force WAS necessary to defend THEMSELVES / ANOTHER / PREVENT a crime
( wholly subjective limb ) - Was the degree of force reasonable in the circumstances as the defendant believed them to be.
( objective limb with subjective element )