Public And Private

Question 1

Public and private

Answer 1

Requirements are the same
Burden of proof lies on prosecution to prove its force was unlawful codified by CJAIA 2008

Question 2

Public and private stage 1

Answer 2

Reasonable force
S.76(3)
Was is necessary to use force subjective
S.76(4)
a.defnesant genuinely half belief
b.entiles to regardless of I. Mistaken or ii. Reasonable to make mistake
(R V Glasstone williams) ( R v beckford) ( R v Yarman)
Unable to rely on mistaken belief if vol intox
(R v Ogrady) (R v Hatten)
Alr if actually being attacked while vol intox
(R v mcgrath)

Question 3

Public and private stage 2

Answer 3

S.76(6)
Must be proportionate
S.76(7)
No duty to weigh to a nicety
(R v palmer) (R v Owino) ( R v Martin) ( R v clegg)
No duty to regrets can make pre emotive blow
( R v Bird)
Cannot provoke the thing you Public or private unless so out of proportion
(R v Keane)
Can be used to cover preparing for an attack so long as when danger stops preparation stops
(AG ref 2 1983
Household cases
(Martin) (Hussain and hussain)