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7 Cards in this Set
- Front
- Back
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What are the 2 questions asked? |
Was force necessary ? Was force reasonable ? |
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Necessary: Gladstone Williams |
We judge whether force was necessary in the circumstances d genuinely believed them to be |
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Hussain and another |
If v is fleeing it’s extremely difficult to say whether force was necessary |
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Bird |
You can have pre emptive strikes |
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S76(5) criminal justice and immigration act 2008 |
If d makes a mistake as a result of intoxication then the rules from Gladstone Williams don’t apply |
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Reasonable: Palmer |
Force used must be proportionate |
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S76 (6) and (3) criminal justice and immigration act 2008 |
We judge whether force is reasonable in the circumstances d genuinely believed them to be |
