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Old 01-14-2008, 10:06 AM   #11
philippe willaume
 
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Location: windsor
Join Date: Jan 2006
Posts: 317
United Kingdom
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Re: Legal right to use Aikido in defense of yourself

Hello

In the UK, it is my understanding that self defence is based on the belief of the defendant that he, others or his property are in and immediate threat, (as well as when assisting or performing a legal arrest or prevent a crime.).
It provides people with the right to act in an otherwise unlawful manner.

The circumstance upon which one used self defence is subjective (depends on the person in question), but the proportionate and reasonable use of force is objective (the reasonable man, taking in account the subjective belief of the defendant.)

Retreating or seeking police assistance can be used to show that the party did not want to use violence but there is no obligation to retreat under UK law.
In fact self-defence can be available even if one provoked and started the altercation, (provided that the response of the party he attacks is out of proportion.)
In tem of self defence, you can use a pre-emptive strike.

Basically when the immediacy of the threat has been removed, you loose all case to use self defence as a legal defence.
So if there is no other threat to you or other, stabbing, shooting, kicking, striking, cutting or bludgeoning someone on the floor, in a lock, or is fleeing will be a good way to see what ABH/GBH (actual bodily harm and grievous bodily harm) or manslaughter can get you.

In 2005, there was talk of changing the reasonable to grossly disproportionate. I think that resurfaced late last year I do not know what happened to that.

As far as I understand the legal meaning of disproportionate force, it concerns the weapons not the actual amount of force.

Ie if someone intent to hit you in the shoulder , breaking his jaw with a punch or a kick is perfectly fine as long as you believe that he was going to assault you (or he is actually punching you) (open hand vs open hand)

Breaking his jaw with a bokken, jo, queue or any bat like implement would be a disproportionate use of force weapon against open hand).

Phil

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In the Land of Windsor where phlip phlop live.
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