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Lawful use of Force - Coggle Diagram
Lawful use of Force
common law
DPP v O'Connor no person right to unlawful assault, but can defend oneself - no more force then objectively necesssary to repel the assault (if jury believes subjectively necessary can reduce murder to manslaughter)
what is force
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Bayer v Police protest, no force used - no harm to property or person
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self-induced
DPP v Barnes 2 burlars attacked elderly man in house, claimed man attacked them - not a defence - they invaded his home - burlar killing home owner has to be at least manslaughter
revenge
People v Commane drinking together in pub one pushed other of stool, on way home, attack victim, knocked out - then killed by strangulation - no longer ongoing attack if knocked out
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opportunity to retreat
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DPP v Clarke deceased walks in tries to bite accused, says he'll come back, accused ets a gun and shoots him - court can't act out of revenge and to retreat as far as possible (got of in this case)
R v Bird couple broke up, daryl brought new girlfriend to party, debbied poured wine over daryl, he slapped out, she gouged out his eye - acting in retaliation not self-defence - demonstrate dont want to fight best
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burden of proof
People v Quinn prosecution make defence a live issue, then prosecution disprove beyond reasonable doubt
DPP v Cronin can't pick contradicotry defences (pushed caused gun to go of and not in the night club)
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excessive force
People v Dwyer fight outside chipper, fatal stabbing - overreacted - could have just pushed back - if honestly believed neccessary then manslaughter
R v Clegg member of SAS open fires and kills passenger in car, claimed self-defence - no halfway house defence in england
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