Self Defence Flashcards
SELF DEFENCE LEGISLATION
Section 48 - Crimes Act 1961
Every one 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.
WHAT IS THE SUBJECTIVE CRITERIA FOR DEGREE OF FORCE?
- What are the circumstances that the defendant genuinely believes exist (whether or not it is a mistaken belief)?
- Do you accept that the defendant genuinely believes those facts?
- Is the force used reasonable in the circumstances believed to exist?
WHAT WAS HELD IN R V RANGER REGARDING PRE EMPTIVE STRIKE?
if this defendant 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 emtive strike with a knife would be reasonable force in all the circumstances.
OUTLINE THE SUBJECTIVE AND OBJECTIVE TESTS RELATING TO SELF DEFENCE
Once the defendant has decided that use of force was required section 48 then introduces a test of reasonableness which involves an objective view as to the degree and manner of the force used.
