What are the two types of mistake?
1. Mistake of fact
2. Mistake of law
What are the two types of mistake of fact, and what are they each a defence to?
1. Reasonable mistake of fact; any crime except strict liability
2. Unreasonable mistake of fact; specific intent crimes only
When is mistake of law a defence?
When knowledge of illegality is an express element of the crime
When is a defendant able to use non-deadly force in self-defence?
D reasonably believes that using force is necessary to protect himself against the imminent use of unlawful force against himself
When is a defendant able to use deadly force in self-defence?
D is confronted with unlawful force and reasonably believes he faces an imminent threat of death or seriously bodily harm
In what two instances can an initial aggressor rely on self-defence?
1. He withdraws from the fight and communicates this to the other person
2. The other person escalates a non-deadly fight to a deadly one
In self-defence cases, what happens if D makes a reasonable mistake in thinking he is under threat?
A reasonable mistake does not affect the defence
In self-defence cases, what is the split of authority if D makes a unreasonable mistake in thinking he is under threat?
Unreasonable mistake kills the defence
Unreasonable mistake can mitigate, e.g. murder to manslaughter
What is the defence of necessity?
Otherwise criminal conduct is justifiable if D reasonably believes it is necessary to prevent a greater harm
In what two instances is necessity never available?
1. D causes death to protect property
2. D caused the initial harm
When is duress available?
When D is coerced to commit a crime by threats from another of imminent death or serious bodily injury
What crime is duress never a defence to?