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Self-defence/defence of another

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Self-Defence/Defence of Another

Self-defence and defence of another are legal defences in criminal law that justify the use of force to protect oneself or another person from imminent harm. These defences are rooted in the principle that individuals have the right to protect themselves and others from threats or attacks, even if this involves using force that would otherwise be unlawful. The use of force must be reasonable and proportionate to the threat faced.

The legal framework for self-defence and defence of another is based on several key principles:

  • ★ Imminence of Threat: The threat or attack must be immediate and imminent. The defendant must genuinely believe that they or another person are in immediate danger of harm.
  • ★ Necessity: The use of force must be necessary to prevent the threat or attack. If there is a viable opportunity to avoid the threat without the use of force, the defence may not apply.
  • ★ Proportionality: The force used in self-defence or defence of another must be proportionate to the threat. Excessive force, particularly if it results in serious injury or death, may not be justified unless it is the only means of preventing the threat.
  • ★ Reasonableness: The reasonableness of the defendant’s belief in the need for force and the reasonableness of the force used are evaluated from the perspective of a reasonable person in the defendant's situation.

Subjective and Objective Elements

Self-defence and defence of another involve both subjective and objective assessments:

  • ★ Subjective Test: The court considers whether the defendant genuinely believed that the use of force was necessary. This belief does not have to be correct, but it must be honest.
  • ★ Objective Test: The court evaluates whether a reasonable person in the same circumstances would consider the use of force to be necessary and proportionate. This ensures that the defendant's actions are judged against societal standards of reasonableness.

Case Law: R v Gladstone Williams [1987]

In *R v Gladstone Williams* [1987], the defendant mistakenly believed that a youth was being assaulted and intervened by attacking the supposed aggressor. The court held that the defendant's actions should be judged based on his genuine belief, even if that belief was mistaken. This case underscores the importance of the subjective test in self-defence.

Case Law: R v Palmer [1971]

In *R v Palmer* [1971], the Privy Council emphasized that a person defending themselves cannot be expected to weigh to a nicety the exact measure of necessary defensive action. This case highlights the reasonableness and proportionality required in self-defence claims.

Limitations and Considerations

There are limitations to the defences of self-defence and defence of another:

  • ★ Preemptive Actions: Generally, the law does not allow for preemptive strikes or excessive force in anticipation of a threat that is not immediate.
  • ★ Retaliation: The use of force in retaliation after an attack has ceased is not protected under these defences.
  • ★ Defense of Property: The use of force in defence of property alone does not justify the same level of force as defending a person.

Conclusion

Self-defence and defence of another are critical defences in criminal law, providing legal justification for the use of force in certain situations. These defences balance the rights of individuals to protect themselves and others with the need to prevent excessive or unnecessary violence. The key considerations include the imminence of the threat, the necessity and proportionality of the response, and the reasonableness of the defendant's actions. Legal practitioners must carefully assess these elements to determine the applicability of these defences and to ensure that they are appropriately argued in court.

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