LAW P1 CASES (self defence)

Question 1

Whats are the cases for the force used must be necessary requirement of self defence?

Answer 1

• R v Beckford, self defence can be available even where fatal force is used by mistake
• R v Williams, a person can use self-defence even if their belief in the threat was mistaken, as long as the belief was honest

Question 2

What is the case for the force used must be necessary (pre emptive strikes) requirement of self defence?

Answer 2

R v Bird, the court held that self-defence could be used even if the defendant struck the first blow without being physically attacked

Question 3

Whats are the cases for the force used must be reasonable requirement of self defence?

Answer 3

• R v Palmer, the court held that reasonable force in self-defence must be judged objectively
• R v Martin, the use of lethal force was disproportionate to the threat posed by the fleeing intruders

Question 4

Whats is the case for the force used must be reasonable (prevention of a crime) requirement of self defence?

Answer 4

A-G Red no.2 of 1983, a person can use force in self-defence to prevent a crime even if the force used is disproportionate to the actual danger

Question 5

What is the case for the force used when being provoked requirement of self defence?

Answer 5

R v Deana, a person can act in self-defence after provocation, but the use of force must still be reasonable