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Self Defence - Coggle Diagram
Self Defence
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honest mistake still allows for D to use this defence, unless the mistake was made due to intoxication, then D cannot use the defence
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R v Steven Ray [2017] Held that in a householder case, the degree of force used which is disproportionate may be reasonable in such cases.
If D misjudges the degree of force used and uses excessive force, D is not able to use self defence
determining if a force is reasonable is subjective as it can be reasonable for a smaller weaker person to use a weapon
D can make the first strike and still use the defence, D does not need to wait to be attacked
If D has failed to retreat, it may make a self defence argument weak, but there is no absolute duty to retreat
showing an unwillingness to fight, would make a stronger argument