30 Questions
What are the three spheres in which the defence of self-defence operates?
a. Defend himself from an attack b. Prevent an attack on another person c. Defend his property
What is the most important principle regarding the right of private defence?
The force used in the defence should be necessary and reasonable in the circumstances.
In what case was it stated that a man who is attacked may defend himself?
Palmer v R
What is required for a reasonable apprehension of danger in the right of private defence?
An honest belief that there is danger reasonably warranted by the conduct of the aggressor and surrounding circumstances.
When can force be justified in the right of private defence?
When there is a reasonable belief that danger is imminent and force is necessary to repel it.
Under what circumstances can a person use reasonable force in self-defence?
Under appropriate circumstances, even when that behavior would normally constitute a crime.
According to R v Deana, what does the law state about self-defense?
He may do, but may only do, what is reasonably necessary.
In what situation, as per R v Wbyte, is it not reasonable to use a degree of force?
When there is a relatively minor attack.
What did the Sri Lankan case King v James Chandrasekera state about the exercise of the right of private defense?
The accused must prove or it must be probable that they exercised the right of private defense.
According to Punchi Appu v Mohideen, when can the right of private defense be exercised?
Only against what is itself an offence.
What is the range of sections relevant to the concept of private defense in the text?
Section 89 to section 99.
In the case where armed men entered land and prepared to cause bodily injury, what was the legal outcome according to Punchi Appu v Mohideen?
The accused had no right of private defense.
What are the two main categories of defense rights mentioned in Section 90?
Defending the human body and defending property against specific offenses.
In what situations can the Right of Private Defence (RPD) be exercised according to Section 91?
Against minors, lunatics, intoxicated persons, or due to misconceptions.
What is the situation described in Illustration (a) of Section 91?
Z, under the influence of madness, attempts to kill A.
In Illustration (b) of Section 91, what misconception leads to an attack by Z on A?
Z mistakes A for a housebreaker in good faith.
What does Section 92(1) specify regarding the Right of Private Defence?
The act should reasonably cause apprehension of death or grievous hurt, done by a public servant acting in good faith.
What are the exceptions to the Right of Private Defence as per Section 92?
Section 92 provides exceptions when the Right of Private Defence cannot be claimed.
What are the limited situations in which an accused could be accused of causing death under the right of private defence?
The assault reasonably causes the apprehension of death or grievous hurt, or the assault is done with the intention of committing rape, gratifying an unnatural lust, kidnapping, abducting, or wrongfully confining a person.
According to Section 94, in which cases does the right of private defence of body not extend to the voluntary causing of death to the assailant?
In cases other than those mentioned in Section 93, the right of private defence of body does not extend to the voluntary causing of death to the assailant.
When does the right of private defence commence according to Section 95?
The right of private defence commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence.
What should an accused do to be acquitted when exercising the right of private defence according to Piyasiri Peiris v AG?
An accused should not exceed the limits of private defence to be acquitted.
In the case of Tissera v Edwin, what right did the accused have in relation to causing hurt to prevent the injured from taking away the stolen item?
The accused had the right to cause hurt to prevent the injured from taking away the stolen item until he was arrested.
Under what circumstances does the right of private defence extend to causing harm other than death?
The right of private defence extends to causing any other harm other than death, subject to the restrictions under Section 92.
What is the legal principle behind the defense of double jeopardy?
Nemo debet bis vexari in eadem causa
Under which section of the Criminal Procedure Code does double jeopardy find its legal basis?
Section 314
What is the power of the Attorney-General under S.393 of the Criminal Procedure Code?
a) Enter a Nolle Prosequi, b) Withdraw an indictment, c) Suspend prosecution
When can the Attorney-General enter a Nolle Prosequi?
In extreme circumstances in the interest of national security
What does Res Judicata aim to prevent?
Being tried again once a judgment has been given
What Latin maxim encapsulates the principle of double jeopardy?
Nemo debet bis vexari in eadem causa
Test your knowledge on legal principles related to Section 88, which discusses harm of a slight nature, and the Right of Private Defence (RPD) principle. Learn about the conditions under which self-defence is justified and lawful.
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