Use of Force

Question 1

Everyone who is required or authorized by law to do anything in the administration or enforcement of the law
as a private person,
as a peace officer or public officer,
in aid of a peace officer or public officer, or
by virtue of his office,
is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

Answer 1

section 25

Question 1

What is the three branch test?

Answer 1

lawful, reasonable, necessary
- police officer is required or authorized to perform an action in enforcement of law
- police officer acts on reasonable grounds performing an action
- police officer uses as much force as is necessary, whether use of force was reasonable in circumstances

Question 2

everyone justified in using as much force as reasonably necessary
(a)To prevent commission of offence
For which if it were committed, person might be arrested without warrant AND
That would likely cause immediate and serious injury to person or property or anyone OR
(b)To prevent anything being done that on reasonable grounds, he believes would be an offence mentioned in (a)
Use of deadly force can only be justified in self-defence or in preventing commission of crime likely to cause serious injury

Answer 2

section 27

Question 3

Excessive use of force

Answer 3

section 26

Question 4

person not guilty if
On reasonable grounds that force or threat of force is being used against them or another person
for the purpose of defending or protecting themselves or other AND is reasonable in the circumstances
Reasonable Belief, Purpose (to defend not vengeful), Reasonable Response (objective)

Answer 4

section 34(1)