| 单词 | self-defence |
| 释义 | self-defence self-defence DEFENCE of one's person (or depending on the context, other persons or property) against criminal charges or tortious or delictual claims.In English law a self-defence is a defence to criminal charges. The defence can be of persons other than oneself: R v. Williams (1984) Cr. App. R 276. Defence of property is also sufficient: R v. Hussey (1924) 18 Cr. App. R 160. Only such force as is necessary may be used. In the criminal law of Scotland, a special defence of which notice must be given that can justify HOMICIDE or ASSAULT. There must be fear to life or a fear of rape. There should be no possibility of escape, and the defence must not itself amount to cruel excess, as where a punch is answered with a dagger blow. The concept has recently been applied in relation to BREACH OF THE PEACE. In the law of tort and delict, self-defence is a defence against a civil action for assault. See PROVOCATION. |
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