8. Other Defences Flashcards Preview

MBE - Criminal Law > 8. Other Defences > Flashcards

Flashcards in 8. Other Defences Deck (12):
1

What are the two types of mistake?

1. Mistake of fact

2. Mistake of law

2

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

3

When is mistake of law a defence?

When knowledge of illegality is an express element of the crime

4

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

5

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

6

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

7

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

8

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

MPC

Unreasonable mistake can mitigate, e.g. murder to manslaughter

9

What is the defence of necessity?

Otherwise criminal conduct is justifiable if D reasonably believes it is necessary to prevent a greater harm

10

In what two instances is necessity never available?

1. D causes death to protect property

2. D caused the initial harm

11

When is duress available?

When D is coerced to commit a crime by threats from another of imminent death or serious bodily injury

12

What crime is duress never a defence to?

Intentional homicide