LAWS 2302 Chapter Notes - Chapter 7.1.3: Grievous Bodily Harm
25 Mar 2016
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Committing crime to prevent self-harm only use as much force as necessary to prevent or discontinue the act, if use of force is extensive it can result in assault. As to the amount of force which is permitted, the courts give leeway in specific circumstances. When the accused passes the preliminary test yet misjudges and uses too much force, there is no reduction in the liability found. The accused killed r. , her common law spouse, with a shot to the back of the head. There was ample evidence that the relationship between the accused and r. was marked by frequent violent arguments and that r. had repeatedly battered the accused. The accused"s defence was that she had acted in self- defence. At defence counsel"s request, a psychiatrist with extensive professional experience in treating battered wives prepared a psychiatric assessment of the accused.
