Crime CXI – Self Defense I
Self defense is an entrenched common law defense. A person may use reasonable force to:- 1. Stop/prevent an attack on himself or herself 2. Stop/prevent an attack on another person see R v Duffy (1967) 3. Stop/prevent and attack on his or her property see R v Hussey (1924) The type of force that is to be used or that is allowed is reasonable force and what amounts to reasonable force is a question of fact for the court or the jury to decide after taking into account all the evidence that is available. In Moriarty v Brookes (1834) a publican tried to evict a customer who was causing a disturbance and refused to leave. The publican put his arm around the man’s shoulders and tried to evict the man and in doing so injured him below the eye (there was a cut in the skin which resulted in bleeding). ‘If the violence which occurred took place in an endeavor by the defendant to turn the plaintiff out of the house, the third plea is proved. However, this ple