Economics 3364A/B Study Guide - Quiz Guide: Chav, Protests Against The Iraq War
25 Oct 2020
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To fight if you want to due to autonomy. Normal cases - (facts as d believed them given to jury to decide whether it was reasonable but also considering d being "honest and instinctive" where there is strong evidence of reasonableness: s76. Cjia 2008: reasonable / proportionality test ( consider objective mind of person using self-defence - cjia. Householder cases - post 2013 (householder can use more force than proportionate until grossly disproportionate after the tony martin case) - dwelling/forces accom, d not trespasser, v believed to be a trespasser, vehicles. Contrasts echr law as they say only "proportionate" in all cases. Abnormality of mind thus diminished responsibility: changed law - conservative government saw it as a way to win votes. In defence of himself or another or property: householder case exception applicable. Force must be used in self defence - excludes driving offences (willer 1986) and writing with a pen (iraq war protest after blake 1993)
