Please enable JavaScript.
Coggle requires JavaScript to display documents.
LEGAL ASPECTS 2 (1) (grounds of justification that will render otherwise…
LEGAL ASPECTS 2 (1)
grounds of justification that will render otherwise unlawful conduct lawful
private defence
defend yourself or a third party/property against an unlawful act
necessity
eg. kick down a door to extinguish a fire
impossibility
eg.summons to appear in court whilst out the country
consent
eg.breaking open a premises to effect a lawful arrest
right of chastisement
when enforcing punishment laid down by the law
acting upon command
official capacity
eg. when on duty you enforce an arrest with the use of force
requirements for a defence of PRIVATE DEFENCE
private defence is a ground of justification which a person can rely on if he protects his own or others interest against an unlawful attack which has started or is imminent
A. the attack or threatening attack
must have been an attack
attack must be unlawful
attack must be directed at one or other legal interest
attack must have started or be imminent
B. the defensive action
must be directed at the attacker
must be necessary
must be reasonable
requirements for a defence of NECESSITY
accused must have found himself in an actual emergency
where a person is legal compelled to undergo evil , the defence of necessity cannot be raised
the defence will be sustained only if the person could not escape in any other way