Defences Flashcards

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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

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2
Q

What is the two stage Palmer test for self defence ?

A
  1. Did the defendant HONESTLY believe that the use of force WAS necessary to defend THEMSELVES / ANOTHER / PREVENT a crime
    ( wholly subjective limb )
  2. Was the degree of force reasonable in the circumstances as the defendant believed them to be.
    ( objective limb with subjective element )
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