• Use of excessive force: if a person uses excessive force in homicide, he cannot avail of self-defence, he will be guilty of murder. If he mistakenly used excessive force, he may be able to reduce it to manslaughter. Ross v Curtin: d was defending his supermarket from being warned, fired a warning shot that hit the d but was defending property so was reasonable to defend himself. People (DPP) v Barnes: there is no formula as to how the degree of force can be instantly calculated. There must be both an objective and subjective component as to the degree of force used. DPP v Nally. R v Clegg: there is no halfway house when a d uses a greater degree of force than is necessary. Keatley: accused brother was being attacked and he sought to defend him. On appeal for manslaughter held that if force was reasonable accused was entitled to be acquired. There does not need to be any special relationship between the accused and the person they are defending. There appears to be a half-way house in Ireland ass was seen in People (AG) v Dwyer: argument in a chip shop, where the accused was held to have used excessive force. On appeal, accused must have intended to cause death or serious injury. Here did not have intention to kill, so reduced to manslaughter. Therefore, half-way house in Ireland. If the accused knowingly uses more force than is necessary and the victim dies, then will be convicted of merger as was seen in: People (AG) v Commane. Use of force out of revenge will not be tolerated as was seen in AG v Coffey. Where the accused initiated the attack, it is not appropriate to use the defence of self-defence: R v Browne. DPP v Doran: accused broke into deceased home when deceased ran after him with a golf club, he knifed him which was held to be disproportionate. The lawful use of force does not extend to acting in revenge or using unnecessary force: People (AG) v Keatley. The concept of what is reasonably necessary is an objective one. The Criminal Law (Defence and Dwelling) Act 2011 Section 3 confirms that there is no obligation for an owner or a lawful occupant to retreat from the dwelling. The use of reasonable force including reasonable force causing death against a person believed by the occupier to be entering as a trespasser to commit a criminal act is expressly prohibited under The Criminal Law (Defence and Dwelling) Act 2011 Section 2(7). Force must be reasonable in the circumstances.