| 单词 | reasonable force |
| 释义 | reasonable force It is a statutory offence to set spring guns or mantraps, except in a private house between sunset and sunrise. One may use a dog in self-defence if this use is reasonable (see guard dog). If a person mistakenly thinks that he is entitled to use reasonable force when he is not he may use such force as is reasonable in the circumstances as he believed them to be (R v Shaw [2001] 1 WLR 1519). It seems, however, that this does not apply if he made a mistake of law, rather than fact, or if the defendant’s mistake was based on intoxication (R v O’Grady [1987] QB 995). The defence of self-defence in so-called “householder cases” where a householder is surprised by an intruder was clarified and strengthened by the Criminal Justice and Immigration Act 2008 s 76, as amended by the Crime and Courts Act 2013 s 43. A defence of self-defence is available where a householder uses disproportionate force, mistakenly believing this level of force to be reasonable in the circumstances, but not where he uses “grossly disproportionate force” (R (Collins) v Secretary of State for Justice [2016] EWHC 33 (Admin), [2016] 2 WLR 1303). See also forcible entry. |
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