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R v Clegg

[1995] 1 AC 482

Case summary last updated at 13/01/2020 14:11 by the Oxbridge Notes in-house law team.

Judgement for the case R v Clegg

D was a soldier on duty in NI. A car drove at him in the street and he fired 3 shots at the windscreen. He got out the way of the car and, once the car had passed, fired a fourth shot which killed a passenger. Judge and CA accepted that first 3 shots were fired in self-defence but that the final shot was not in self defence since D was no longer posed any danger by the car. For the same reason HL dismissed the appeal, saying that where a greater degree of force was used than was reasonable to defend oneself, self-defence does not apply. It also makes no difference whether D is a private citizen or a policeman/soldier carrying out their duty.

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