General Defences Evaluation

Question 1

Main AO3 points on self-defence?

Answer 1

• Is force necessary?
• Defence is too generous to defendant
• Pre-emptive strike
• Excessive force

Question 2

Self-defence: Is force necessary?

Answer 2

• Confusion in different cases, in R v Bird does a victim have to retreat before use of force.
• Is certain amounts of force necessary in householder cases.

Question 3

Self-Defence: Defence too generous for Defendant

Answer 3

Need to balance the rights of a defendant who has made an honest mistake with an innocent victim who has been mistakenly assaulted.

Question 4

Self-defence: Pre-emptive strike

Answer 4

Do they have to wait until attack before they can use force? Law clarifies they can act to prevent force. Sensible as you wouldn’t wait to be stabbed to react. Attorney-General’s Ref.

Question 5

Self defence: Excessive force

Answer 5

Level of force accepted for householders is more, where as for force outside of home is less. Can be quite harsh where killing someone is only way of self-defence in their view. R v Clegg

Question 6

What case links to self defense: excessive force

Answer 6

R v Clegg - ( Irish soldier, shot car gone past -seen as excessive)
R v Martin (Anthony) - (Shot burglar when leaving - not allowed self defense)

Question 7

What case links to self defence: is force necessary?

Answer 7

R v Bird. (Forgot glass was in hand, V lost their eye)

Question 8

What are the main AO3 points on duress by threats and circumstances?

Answer 8

• Unavailability for murder
• No allowance for low IQ
• Police Protection
• Proposals for reform

Question 9

Duress: Unavailability for murder

Answer 9

• Doesn’t take into account extreme circumstances where murder is unavoidable.
• Threat of multiple lifes not taken into account.
• Age/susceptability of D to duress not taken into account. (R v Wilson)

Question 10

Duress: No allowance for IQ

Answer 10

• In R v Bowen - COA refused to take into account low IQ and whether its more difficult to resist threats.
• Low IQ means D may not understand the naure of the matters.

Question 11

Duress: Police Protection

Answer 11

• Not always available.

- Many people would be afraid of consequences of contacting the police (R v Hudson & Taylor)

Question 12

Duress: Proposals for reform

Answer 12

• Law commision proposed the defence of duress to be available for all crimes.
• In 2006 report, Law commision proposed duress to be allowed for murder.

Question 13

What are the main AO3 points on consent?

Answer 13

• Diffrent decisions in Brown + Wilson
• Contradictory decision in R v Emmet compared to Wilson
• Horseplay

Question 14

Consent: Different decisions in Brown + Wilson

Answer 14

Brown and Wilson are both cases involving extreme sexual activities, however only Brown is guilty (despite consent). This is mainly because in Wilson they are a married couple.

Question 15

Consent: Contradictory decisions in Emmett compared to Wilson

Answer 15

• In emmetts case the Lords felt the violence used involved the degradation of the victims.
• This contrasts to Wilson where consent was allowed, despite medical attention needed.

Question 16

Consent: Horseplay

Answer 16

Courts are prepared to accept consent as a defence to horseplay despite injuries.
-In (Jones) and (Aitken) serious injuries were caused. Yet the courts allowed the defence of consent, despite mistaken belief of consent.