Self-defence

Question 1

How many defences does defence cover?and what are they?

Answer 1

This defence covers 3 types of defences:defending yourself, another person or to prevent a crime. Defending oneself or another are both common law defences while using the law to prevent crime is governed by statute and states that “a person may use force as is reasonable in the circumstances in the prevention of crime”

Question 2

B

Question 4

Firstly, what must the jury decide?

Answer 4

Firstly, the jury must decide whether the force used was necessary, thus depends on the facts if the case. R v Hussain held that where the danger has passed, the D will not be able to use the defence.

Question 5

What was held in R V Bird?

Answer 5

R v bird held that whilst withdrawing or demonstrating an unwillingness to fight is good evidence that the D is acting reasonably and in good faith, there was no absolute obligation to demonstrate and unwillingness to retreat.