Self Defence (Force used must be necessary. (AG’s Ref No 2 1983 (D was a…
Force used must be necessary.
AG’s Ref No 2 1983
D was a shopkeeper and his shop was in the centre of extreme riots. He made several petrol bombs to protect himself, incase he was subject to violence. Not guilty.
Saw (what he believed to be) a man attacking another in the street. The man he believed was the victim was in fact the aggressor; he had robbed a woman in the street and Mason had chased him. This led D to think that Mason was attacking the aggressor. Not guilty.
D, an alcoholic, was attacked by his friend. He attacked him back (in self-defence) and once all was calm he went to sleep. In the morning he saw his friend was dead due to loss of blood. Guilty.
D beat the deceased to death with a sledgehammer after drinking over 20 pints of beer His recollection of events was unclear but he believed that he was under attack. But, he was mistaken (due to being intoxicated). Guilty.
D was at a party and her ex-boyfriend turned up; she asked him to leave. He returned and D poured a glass of Pernod over him and a fight broke out. D punched him in the face, but forgot she had a glass in her hand. Not guilty.
D shot a man running from his house (a pre-empitve strike). Not guilty.
D stabbed V in the chest following an argument. He claimed it was an accident. D then visited V to "teach him a lesson". Guilty.
Force used must be reasonable.
Soldier shot car past the checkpoint and killed woman within. Liable for murder as used excessive force.
D had a fight with his wife, resulting in her becoming seriously injured. D honestly believed, although unreasonably and mistakenly, that it was justifiable for him to use that degree of force. Guilty.
2 men broke into D's house. D went downstairs with a shot gun and fired. He shot both men and 1 of them died. Convicted of murder. On appeal, his convicted was quashed and was convicted of manslaughter by way of diminished responsibility.
D and 2 others were chased by 3 men after stealing ganja. During the chase D fired a gun and one of the 3 men died. Guilty of murder.
Cross v Kirby
D had forcibly removed V's girlfriend from the land. V then attacked D with a baseball bat. D grabbed the bat and grappled to get it off V. In the course of doing so he struck V on the head and fractured his skull. In consequence V suffered epileptic attacks. Not guilty.