SELF DEFENCE NECESSITY DEFENCES I
S76 of CRIMINAL JUSTICE
>
WAS THE FORCE USED : and IMMIGRATION ACT 2008
1 NECESSARY
2 REASONABLET
.
PRE-EMPINE STRIKES Lower
degree offorce expected for property
·
.
-
↳
justified believed S76(3)
-
Judged by what
D
honesty
-
L REASONABLE for circumstance
Degree ofForce is he was in
D
·
need Not wat to be attacked D believed
↳
Beckford Cousins
76(7) Person
- is
acting for a Legitimate Purpose
,
PREPARING FOR AN ATTACK
OWINO
.
TEST:
- If
D believes he is at risk
> reasonable to do the same in D's Circumstances?
>
- able to make preparations
-
↳
(AGS REF> ,
R v
Cleg
g
:
· FORCE CANNOT BE GROSSLY DISPROPORTIONATE
· DUTY TO RETREAT
↳ D must leave situation ASAP
.
Williams O'Grady :
·
Mistakes MUST be REASONABLE
S76 of CRIMINAL JUSTICE
>
WAS THE FORCE USED : and IMMIGRATION ACT 2008
1 NECESSARY
2 REASONABLET
.
PRE-EMPINE STRIKES Lower
degree offorce expected for property
·
.
-
↳
justified believed S76(3)
-
Judged by what
D
honesty
-
L REASONABLE for circumstance
Degree ofForce is he was in
D
·
need Not wat to be attacked D believed
↳
Beckford Cousins
76(7) Person
- is
acting for a Legitimate Purpose
,
PREPARING FOR AN ATTACK
OWINO
.
TEST:
- If
D believes he is at risk
> reasonable to do the same in D's Circumstances?
>
- able to make preparations
-
↳
(AGS REF> ,
R v
Cleg
g
:
· FORCE CANNOT BE GROSSLY DISPROPORTIONATE
· DUTY TO RETREAT
↳ D must leave situation ASAP
.
Williams O'Grady :
·
Mistakes MUST be REASONABLE
