AOS2 - Complete Defences to Murder

Question 1

Self defence

Answer 1

• can be raised if:
  
  • the accused believed their actions were necessary to prevent themselves or someone else (family) from death or grievous bodily harm (GBH)
  • the accused perceived their actions to be a reasonable response in the circumstances

Question 2

Steps for self defence

Answer 2

1. put yourself in the shoes of the accused and examine the situation from their perspective
   - did the accused have a particular weakness?
   - was there a difference in body size or age?
   - was the victim holding a weapon?
   - was there a history of violence?
2. did the accused honestly believe their conduct was necessary to defend themselves?
   - it doesn’t matter if the belief is mistaken, just that it was genuinely held
3. based on how the accused saw/perceived the situation, was their response reasonable?

Question 3

Duress

Answer 3

• can be raised if:
  
  • the accused believed that a threat of death or GBH would be carried out unless they committed a crime
  • committing a crime is the only way to avoid the threatened harm (escaped? reported?)
  • their conduct is a reasonable response to the threat made (proportionate? did the threatening person have a history of threatening?)
• cannot be used if the accused is voluntarily associated with another person to carry out criminal activity (joining a syndicate and then being ordered to commit murder)

Question 4

Sudden or extraordinary emergency

Answer 4

• can be raised if:
  
  • the accused believed there was a sudden or extraordinary emergency involving death or GBH
  • their actions were the only way to deal with the situation
  • their conduct was a reasonable response to the situation