8. Other Defences Flashcards Preview

MBE - Criminal Law > 8. Other Defences > Flashcards

Flashcards in 8. Other Defences Deck (12):

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?

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?

Majority view

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?

Intentional homicide