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Words: 1,500 | Submitted: Tue May 06 2008
... used was reasonable2. The methodology of dealing with such cases is found in the Code for Crown Prosecutors fifth edition. This law is however subject to certain factors which need to be met for the defendant's actions to be upheld in law. The defendant must act with "reasonable force". This allows for the concept of proportionality. A tap on the shoulder is technically an assault, however to shoot someone for a tap on the shoulder is unjustifiable. Therefore the test of proportionality must be brought into play the test for reasonable force is objective. The circumstances are not to be viewed as stated in fact. This is shown in the case of Shaw v. R, in which D shot and killed two men in self-defence. However D was convicted of murder. D appealed arguing that the trial judge had misdirected the jury to assess the rationality of D's self-defence on ...
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