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Self defence & medical intervention (Defence of the Dwelling act 2011,…
Self defence & medical intervention
Common Law
can only make preparations immediately before
excessive use of force
R v England
Clegg shot a car and killed the passenger who was driving, car had gone past checkpoint - no halfway house defence existed in England
DPP v Dwyer
excessive self-defence in Ireland is manslaugther
mansalughter
R v Martin
lived alone, robbed previously, entered house, shot both - found guilty of murder - got of on another defence (public uproar)
DPP v Nally
lived in area with lots of break ins, 2 people entered his farm, shot one in the leg and started beating him with a stick, son running away, shot him on the road and throws body into a field - conviction overturned due to a mistake in the judges instruction
Medical Intervention
R v Jordan
an altercation in a cafe in Hull, victim healing, given drug, bad reaction to drug - did break up causation - wounds healing
R v Blaue
Jehovah witness, couldn't take transferred blood due to religious belief - duty to take victim as you find them
R v Smith
stabbed deceased with bayonet, punctured lung, dropped by others twice on way to medic, punctured lung not identified, stabbing was still a substantial cause of the death
Dunne v DPP
- man shot, in vegetative state, kept in a home, dies, note not resuscitate - was not a sufficient intervening event
DPP v Davies
guilty if more than minimal,
Defence of the Dwelling act 2011
area immediately around the house
force reasonable for circumstances you believe them to be
don't allow self-induced self defence
no retreat required
can kill if requiredd
Martin Keenan cleared of murder and manslaughter. killed someone in his home