Self-defence Evaluation Flashcards
Mix of statutory and common law
This can become confusing to apply due to the amount of legislation on particular points of law
This opposes the separation of powers that the judiciary should be separate from the two arms so the law can be applied unbiased
However, without the judiciary updating the law it may become confusing
The law favours the defendant
If the mistake is a honest one the defence will suffice
This makes the law unfair as the point of law is to punish the defendant
Therefore opposing the rule of law that the law showed be fair and clear
What is reasonable force?
The definition is extremely unclear
This can lead to their being misconceptions within the law making it harder to apply
Therefore leading to inconsistencies as to what is reasonable will depend on the person
It is up to the jury to decide
The jury do not have any legal training
This can lead to misunderstandings of the law which the court will not know about due to jury secrecy
This then means that the law is applied inconsistently
