Defences

Question 1

Is self defence available as a defence to crimes committed by force ?

Answer 1

Yes - the basic common law principles of self defence are set out in PALMER

Question 2

What is the two stage Palmer test for self defence ?

Answer 2

1. Did the defendant HONESTLY believe that the use of force WAS necessary to defend THEMSELVES / ANOTHER / PREVENT a crime
   ( wholly subjective limb )
2. Was the degree of force reasonable in the circumstances as the defendant believed them to be.
   ( objective limb with subjective element )