self defence- objective test

Question 1

what is the objective test

Answer 1

level of force used must be reasonable in the circumstances as defendant genuinely believed them to be but, the defendant is not expected to estimate precisely the amount of force needed

Question 2

R v Palmer

Answer 2

‘A person defending himself cannot wait to a nicety the exact measure of his necessary defensive action’ (so they are not expected to be able to judge exactly what level of force is needed)

Question 3

examples of excessive force

Answer 3

1. R v Clegg - danger had past
2. R v Martin- shot burglar who was running away
3. R v Hussain- burglary was over, homeowner was taking revenge

Question 4

what happens in a householder case

Answer 4

defendant can use unreasonable force as long as it’s not grossly disproportionate

Question 5

other factors included apart from objective and subjective test with cases

Answer 5

• defendant can be the initial aggressor for self defence so it is pre-emptive (R v Beckford, police officer told victim was armed and dangerous and when victim emerged from the house defendant shot him)
• can be pre-emptive and defendant need not retreat (R v Bird, put jury to decide whether defendant acted reasonably in standing his ground to defend themselves whether others would have taken the opportunity to run away)