Section 48 - Self Defence Or Defence Of Another

Question 1

What is the definition of Section 48 self defence or defence of another?

Answer 1

Everyone
is justified in using
In the defence of himself
Or
Another
Such force as
In the circumstances as he believes them to be
It is reasonable to use

Question 2

Outline the subjective and objective relating to section 48

Answer 2

Once the defendant has decided that use of force was required - a subjective view of the circumstances as the defendant believed them

Section 48 then introduces a test of reasonableness which involves an objective view as to the degree and manner of the force used

Question 3

What is the criteria for Degree of force under self defence - Section 48

Answer 3

Subjective criteria

Do you accept that the defendant genuinely believes those facts?

What are the circumstances that the defendant genuinely believes exist?

Is the force used reasonable in the circumstances believed to exist?

Question 4

What is case law ranger 💼💼 talking about in relation to self defence?

Answer 4

If this accused did really think that the lives of herself and her son were in peril because of the deceased, enraged after the struggle, might attempt to shoot them with a rifle near at hand, then it would be going too far, we think, to say that the jury could not entertain a reasonable doubt as to whether a pre-emptive strike with a knife would be reasonable force in all the circumstances.