In recent years we have received a number of enquiries about the law of self-defence, and the correct meaning and understanding of what you are allowed and not allowed in order to defend yourself. This page is however just containing basic information related to this law. If you feel like it's not enough, you can always seek legal advice or perhaps make the most of your broadband and run a few online searches.
The following statements will most likeley help you:
“(He/she) can use such force as is reasonable in the circumstances as he (she) believes them to be.” (Gladstone Williams 1984)
"If there has been an attack so that self defence is reasonably necessary, it will be recognized that a person defending himself cannot weigh to a nicety the exact measure of his defensive action. If the jury thought that that in a moment of unexpected anguish a person attacked had only done what he honestly and instinctively thought necessary, that would be the most potent evidence that only reasonable defensive action had been taken...". (Lord Morris in Palmer v R ,1971 A.C. 814)
Archbold 19-43 points our clearly that the burden of proof remains with the prosecution when the issue of self-defence is raised. The prosecution must adduce sufficient evidence to satisfy a jury beyond reasonable doubt that the defendant was either…
…not acting to defend herself or another
…not acting to prevent a crime or to apprehend an offender
…the force used was excessive.
Further to these statements please acknowledge that you are allowed to defend yourself with personal items, such as mobile phones, pens, car/house keys and your umbrella etc. BUT you are not allowed to carry these items with the purpose of defending yourself. Meaning you are allowed to carry your car keys because “you are going to open the car door”… if you are getting attacked in the process you are allowed to use the keys as a weapon. If you carry your mobile phone because “you are expecting a call”… and if you are getting attacked you are allowed to use your mobile as a weapon. You are not allowed to carry any of it because “you think just in case someone might attack you, you can at least hit him properly.” You are NOT allowed to carry offensive weapons such as guns, knifes, telescope batons or tear/CS-gas to make this perfectly clear here!
Please contact us if you have any more questions on any aspects of self defence.
|
