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I'm lost....PC's last post is about hitting a [u]seated[/u] driver?
The defendant had been hit and pushed by a man. She then hit the man forgetting she was holding a glass.
See, all that he needed to do was wait to be pushed and then own him with his Bombers, obviously having forgotten that he was still holding the handlebars and that the Bombers were attached to the bike. Sorted
sorry junkyard, i read elfs post wrong. i thought he said he got out of the car (maybe for a preemptive
strike ?) 😳
also i've never condoned giving someone a good kicking, just self defense.
i see the law one way others see it a different way. i can only go on what i have read.
thankfully if i ever get arrested for defending myself i will judged by a jury 12 honest men/women.
hopefully you, al and yunki wont be on jury. 😀 (edit i'm not calling any of you dishonest)
sorry to quote the same ish stuff again, but i read this as i don't have to run away and i don't have to wait to be struck.
from the cps web page, the last line is interesting.
http://www.cps.gov.uk/legal/s_to_u/self_defence/
Preemptive strikes
There is no rule in law to say that a person must wait to be struck first before they may defend themselves: R v Deana, 2 Cr.App.R. 75.
Retreating
Failure to retreat when attacked and when it is possible and safe to do so, is not conclusive evidence that a person was not acting in self defence. . It is simply a factor to be taken into account. It is not necessary that the defendant demonstrates by walking away that he does not want to engage in physical violence: R v Bird 81 Cr App R 110.
I actually agree with your general view on all of this it is merley that the law does not agree with our view.
I think elf was right [ or justified is a better term] in what he did as racist abuses makes people livid.
You dont havt to run away or wait to be hit to claim self defence. There are examples of people hitting people FIRST in self defence - S Gerrard for example -
3. Imminent threat of attack
It is not necessary that the defendant be attacked first. In Beckford v R [1988] AC 130: Lord Griffith said "A man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot; circumstances may justify a pre-emptive strike."
This factor has been used to great extent in many domestic violence cases, where quite often there is not always the imminent threat of attack.4. Mistake as to Self Defence
It is possible that an individual might mistakenly believe himself to be threatened or might mistakenly believe that an offence is being committed by another person. On the basis of R v Williams (Gladstone) (1984) 78 Cr App R 276 and Beckford v R [1988] AC 130, it would appear that such a defendant would be entitled to be judged on the facts as he honestly believed them to be, and hence would be permitted to use a degree of force that was reasonable in the context of what he perceived to be happening:
• In R v Williams (Gladstone) (1984), A man grabbed a youth who was robbing a lady and fell on top of him. A passer by believed he was attacking the youth and while trying to help a struggle began. This case had to look at whether or not there was a mistake in his actions The Court of Appeal quashed the conviction and held that the defendant's mistaken but honest belief that he was using reasonable force to prevent the commission of an offence, was sufficient to afford him a defence.
I enjoyed the fun of the debate tbh and I have learnt a lot today.
I am only a lawyer on the Internet
Pastcaring.
The Jurors of STW find thee guilty of bullshitting and hereby sentence thee to be locked in an internet forum with PaddedFred for the rest of thine days 😛
i enjoyed the fun of the debate tbh and I have learnt a lot today.
I am only lawyer on the Internet
me two! i evan agree with al that it is a very grey area. (but don't tell him 😀 )
now i just need to learn how to quote and change my spell check to english, not american english?
oh and do some work today...
cynic-al - Member
Pastcaring.
The Jurors of STW find thee guilty of bullshitting and hereby sentence thee to be locked in an internet forum with PaddedFred for the rest of thine days
nooooooooooooooooooooooooooooooooooooooooooooooooooooooooo!
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remove the gaps in the brackets
Junkyard - Member
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remove the gaps in the brackets
cheers
Oh Al Al Al, you really are a Silly Billy, aren't you? You really jolly well have not a clue, have you?
Carry on though, cos I find it amusing. 😀