defences - necessity defences - topic 17 Flashcards
1
Q
if d makes a mistake what is the situation?
A
it doesn’t matter as long as the mistake is genuine, R v Gladstone Williams
2
Q
is a pre emptive strike allowed?
A
there is no requirement to show an unwillingness to retreat, R v Bird or R v Rashford
3
Q
R v Bird
A
D’ ex- boyfriend came to her party she asked him to leave he did so. He later came back and the argument got physical forgetting she had a bottle in her hand she caused D to lose his eye
4
Q
R v Rashford
A
D sought out V intending to attack him however V reacted out of proportion so D swapped for aggressor to defence
5
Q
Give details about the reasonableness of force - refer to R v Martin and R v Clegg
A
