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PostPosted: Mon Sep 09, 2019 11:50 am 
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Joined: Sat Apr 01, 2006 11:47 pm
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Location: Stamford Britains prettiest town till SKDC ruined it
and now they are both going to become LOSERS :roll:

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PostPosted: Mon Sep 09, 2019 7:49 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
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Location: 1066 Country
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Take your argument to its logical conclusion, and effectively the law says that even if she'd pulled a knife on him then he couldn't claim self-defence if she'd brandished the knife and lunged towards him?

All this stuff is decided on the facts of the case at the time.

In your scenario he would be able to claim self-defence, but his self defence would have to be proportionate.

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PostPosted: Mon Sep 09, 2019 7:55 pm 
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Location: 1066 Country
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- He only became physical when she violently lunged towards him.

Self defence law comes in two parts.

One, was the person under attack or the threat of attack (not the exact wording).

Two, was the force used in self defence proportionate.

Now the driver may well have felt threatened, but was punching the lady proportionate?

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