Self-defence Evaluation

Question 1

Common law defences because it means judges go outside of designated role

Answer 1

Goes against reasoning for separation of powers: so that one party does not have too much power Monstequinn.
Leads to judges doing parliaments job by creating laws instead of only applying them
Creates inconsistency
One reform: list so clear guidance and APPLY

Question 2

Lack of clarity in wording because it creates subjectivity in application

Answer 2

When jury must decide how much force is reasonable they all have different levels due to lack of guidance. Therefore this creates injustices as different interpretations lead to different outcomes on whether the defence succeeds or not. REFORM: specification on levels of force and which are deemed reasonable

Question 3

Householder rules because their level of force will be lawful unless it is “grossly disproportionate”

Answer 3

Higher level of force to protect themselves on their property as they may be more vulnerable…

Question 4

D does not need to wait to be attacked to use force because it gives the vulnerable an advantage

Answer 4

D who may have been getting targeted can act before getting harmed. Tbc