Self Defence Essay

Question 1

Intro

Answer 1

• Define public and private self defence

Question 2

Para 1

Answer 2

• S76(3)-(5)
• Objective test = injustice (Mark Duggan)
• However, pre-emptive strikes are permitted
• It is sufficient D apprehends an attack if S76(7)

Question 3

Para 2

Answer 3

• S76(6)
• Jury decide ths, adds unnecessary pressure to jury
• Wrong decision = they are at fault, mental health issues
• However, jury can relate to public opinion more

Question 4

Para 3

Answer 4

• Pre-emptive strikes
• Rule is sensible and just
• Safeguards stop this being abused
• However, person may prepare defensively, even if law is broken.
• Shouldn’t be permit as anyone who intends to break the law should be stopped

Question 5

Para 4

Answer 5

• Psych condition may be considered
• Seems unclear whether regard can be paid to characteristics
• Martin = Psych injury held not to be relevant = Injustice
• However, D acquitted = V feels lack of justice, no one held responsible

Question 6

Para 5

Answer 6

• Homeowners defence
• Allows homeowner to use greater level of force (Martin)
• Arguments the law was only introduced for point scoring to increase gov votes