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Self-Defence and Public Defence - Coggle Diagram
Self-Defence and Public Defence
Public Defence
S.3 Criminal Law Act 1967
Such force as is reasonable to prevent a crime
Citizens Arrest
Reasonable Force
Hussain
Question for the jury
Martin
S.76(3)
S.76(6)
Disportionate force will render defence inneffective
Intoxication
O'Grady
O'Connor
S.76(5)
Self Defence
S.76 CJI 2008
S.76(2)
- Self-defence, defence of another + defence of property
Necessity For Action
Palmer
Subjective Test
Action neccessary due to threat of unjustified harm
S.76(4)
if mistaken subjective test
McInnes
+
S.76(6)(A)
no duty to retreat, but a factor to take into account
Imminent Threat
Only Justified if Imminent
Do not have to wait for attacker to strike first -
R v Bird