ADMJ 103 Lecture Notes - Lecture 24: Case Citation, Self-Defense, Abortion Clinic
Document Summary
Bayer v police [1994] 2 nzlr 48 (ca) self defence not available where d has not threatened to use force. Trespass of abortion clinic not a use of force. R v busby ca 211/01, 26/9/01 self defence not available on a charge of possession of an offensive weapon. Not an offence having as an element the use of force. Arneson v police (1988) 3 crnz 495- appellant had loaded firearm under bed. Charge of possession of a firearm except for some lawful purpose . held in rare" cases possession of firearm may be for lawful self-defence, provided the purpose is. Self defence may be used to defend against what is believed to be unlawful use of police force. R v thomas [1991] 3 nzlr 141. -held (ca) d"s subjective honest belief that she was witnessing an unlawful of of police force, was sufficient to sustain self defence.
