Defences - self defence Flashcards
(3 cards)
r v hussain
the defendant’s house was broken into and he and his family were threatened by armed men. The defendant and one of his sons managed to escape and chased the armed men as they ran from the house, they caught one of the men and beat him up. It was held that they could not use the defence of self-defence as all danger to them from the original attack was over.
clegg
A car came towards him at the checkpoint he was manning and sped with its headlights on full beam. One of the soldiers with Clegg shouted for the car to stop, it did not. Clegg fired 3 shots at the car and a further shot as the car passed him, the final shot hit and killed a passenger in the back of the car. Clegg could not use self-defence as a defence as evidence showed that the car had gone past him by the time he fired the last shot so there was no danger when he fired the shot – the force was excessive and his murder conviction was upheld.
martin
personality disorders not taken into account
