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#crime #defences #law

Question

R v Owino [1996] 2 Cr App R 128 (CA):

'The essential elements of self defence are clear enough. The jury must decide whether the defendant honestly believed that the circumstances were such as to require the use of force to defend himself from an attack or a threatened attack. In this respect a defendant must be judged in accordance with his honest belief, even though that belief may have been mistaken. But the jury must then decide whether the force used was reasonable in the circumstances as he believed them to be.'

Therefore, in considering the force used, the jury must decide if the force used was objectively reasonable, given the facts as the defendant subjectively believed them to be. (See the [ statute ].)

Answer

CJIA 2008, s 76(6)

Tags

#crime #defences #law

Question

R v Owino [1996] 2 Cr App R 128 (CA):

'The essential elements of self defence are clear enough. The jury must decide whether the defendant honestly believed that the circumstances were such as to require the use of force to defend himself from an attack or a threatened attack. In this respect a defendant must be judged in accordance with his honest belief, even though that belief may have been mistaken. But the jury must then decide whether the force used was reasonable in the circumstances as he believed them to be.'

Therefore, in considering the force used, the jury must decide if the force used was objectively reasonable, given the facts as the defendant subjectively believed them to be. (See the [ statute ].)

Answer

?

Tags

#crime #defences #law

Question

R v Owino [1996] 2 Cr App R 128 (CA):

'The essential elements of self defence are clear enough. The jury must decide whether the defendant honestly believed that the circumstances were such as to require the use of force to defend himself from an attack or a threatened attack. In this respect a defendant must be judged in accordance with his honest belief, even though that belief may have been mistaken. But the jury must then decide whether the force used was reasonable in the circumstances as he believed them to be.'

Therefore, in considering the force used, the jury must decide if the force used was objectively reasonable, given the facts as the defendant subjectively believed them to be. (See the [ statute ].)

Answer

CJIA 2008, s 76(6)

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he circumstances as he believed them to be.' Therefore, in considering the force used, the jury must decide if the force used was objectively reasonable, given the facts as the defendant subjectively believed them to be. (See the <span>CJIA 2008, s 76(6).)<span><body><html>

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