Palmer v R 1971 - Subject as need to use, Subjective as force used Owino v R 1996 - subject as need to use, Objective as force

used, overruled palm er Same principles applied in McCann 1996 subjective as to use objective as to forc e HOWEVER McCann states the mistaken belief must be reasonable whereas UK law allows defen dants with unreasonable beliefs to claim a defence which is why it fails to comply with it's duties to adequately protect the right to life under Article 2. objectively judged amount of force - rectified by owino Standard of amount of force "reasonable" uk law "absolutely necessary" Article 2 Mistake can be unreasonable Uk or good reasons EU OWINO Subjective DEFENDANT - Did he need to use force Objective JURY DECIDE - Was force used UK "reasonable" or as should be EU "absolutely nece ssary" whether the force used was reasonably necessary