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5 Cards in this Set
- Front
- Back
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s76 CJIA 2008 |
Self defence |
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unjustified treat |
D is responding to a treat of unjustified harm to.himself, to someone else or property. the source of the treat need no to be unlawful. |
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Honest belief in need for force |
D must honestly believe that the use of force is necessary in the circumstances as he believes them to be. irrelevant is the belief is mistaken. |
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degree 0f force is subjectively reasonable |
the degree of force that D used must be reasonable in the circumstances as D believes them to be. |
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s76(7)(b) CJIA 2008 |
D honestly followed his instincts as to the degree of force that was necessary, reasonable action was taken. |
