Lawful Force

Question 1

Examples of lawful force

Answer 1

Defending self
Defending others
Defending property
Preventing crime

Question 2

Part 1

Answer 2

Is the force necessary

Question 3

Part 2

Answer 3

Is the force used reasonable

Question 4

Is the force necessary?

Answer 4

Possibility if retreat (don’t have to-McInness)
Have they avoided aggression if possible
Law accepts they often have a split second to decide (Palmer)
Is threat imminent (only relevant if no attack has started-Beckford)
If mistake D can rely on the facts as he believes them (Williams)

Question 5

Is the force used reasonable?

Answer 5

The force used must be reasonable
Court balances the force used against what D is trying to stop but doesn’t have to be equal, just fair & reasonable in circumstances