B6 - General Defences Flashcards by 🩷 🩷

Duress by threats steps

intro - common law, Graham established 2 part test
1- was D forced to act
2- DAVIES
3- SMRF sharing Ds characteristics
4- other relevant issues
5- outcome

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duress by threats intro

common law defence, Graham established the 2 part test

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THREATS
what happened in graham

violent man ordered d to kill his wife, but there was no specific threat of death/ serious injury towards D - so failed

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THREATS
what is the 2 part test established in graham

1- was D forced to act as he reasonably feared death/ SI
2- would SMRF w Ds characteristics have done the same

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THREATS
what does DAVIES stand for

D- death/ serious injury
A- aimed at
V- voluntary association
I- immediate
E- escape
S- specific

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THREATS
what is the case for death/ SI

valderama vega - threatened to reveal Ds sexuality AND for death/ SI

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THREATS
what is the rule for aimed at

must be aimed at D or someone they’re responsible for - e.g family friends - not strangers

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THREATS
what is the rule for voluntary association

is voluntarily associating with a criminal, defence will fail

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THREATS
case for voluntary association and what happened

hasan - voluntarily associated w drug dealer who threatened him - defence failed

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THREATS
rule for immediate

immediate or almost, future threats like calls/ texts/ next week dont count

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THREATS
rule for escape

if they have chance to escape they must take it - or defence will fail

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THREATS
rule for specific

must have been threatened to commit that offence specifically

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THREATS
case for specific what happened

cole - we’re threats of SI if didn’t get money, but threat wasn’t specific to rob the building society’s so defence failed

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THREATS
what is part 2 of the test

SMRF must do the same - judged objectively sharing Ds characteristics

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THREATS
case for SMRF

bowen - was threats, but low IQ is not a recognised characteristic so defence failed

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THREATS
what is the additional info for intoxicated

no defence if mistakenly believes was threatened due to intoxication

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THREATS
what is the additional info for murder

no defence to murderer or attempted murder

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DURESS BY CIRCUMSTANCE steps

intro - common law - martin confirmed test from Graham
1- was d forced to act due to circumstance
2- DAVIE
3- reasonable and proportionate
4- SMRF
5- outcome

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THREATS and CIRCUMSTANCE
what is the outcome if successful

full acquittal

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CIRCUMSTANCE key case and what happened

martin - d had to drive or wife would khs - defence succeeded

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CIRCUMSTANCE

what is the 2 part test

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1- was d forced to act as reasonably feared death/ SI
2- would SMRF w Ds characteristics have done the same

what does DAVIE stand for

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Death/ serious injury
Aimed at
Voluntary association
Immediate
Escape

2 cases for circumstance

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willer
conway

CIRCUMSTANCE what happened in willer

car was surrounded and D drove recklessly to get away - succeeded as was wholly drive by circumstance

CIRCUMSTANCE what happened in conway

ppl running at car, thought would kill him so drove away recklessly - succeeded as action was reasonable and proportionate to the perceived threat

NECESSITY STEPS

intro - common law, not available to murder unless medical cases 1- 3 part test dudley v stephen’s 2- was it to prevent greater evil 3- were actions reasonable and proportionate 4- can v be identified 5- outcome

what happened in dudley and stephen’s

shipwrecked - killed and ate someone to survive - defence sucesful

NECESSITY what is the case for prevent greater evil

Re A

NECESSITY what happened in Re A

doctors separated conjoined twins against parents will or they would both die - necessary to prevent both deaths

NECESSITY case for reasonable and proportionate

Quayle

NECESSITY what happened in quayle

group used cannabis illegally for medical reasons - defence failed as went against legislative regime

NECESSITY what is the case for identify a victims

shayler

NECESSITY what happened in shayler

gave secret info to journalist for benefit of general public - defence failed as couldn’t name a specific victim

CONSENT steps

intro - common law, cant be used for murder 1- what crime was committed 2- brown - can’t consent above assult/ battery 3- nature and quality 4- recognised exceptions 5- outcome

CONSENT intro

common law defence, can’t be used for murder d argues v gave consent, therefore no crime was committed

CONSENT key case and what happened

brown - sadomasochism caused abh - can’t consent to injury above assult/ battery

CONSENT 3 part test

1- what crime committed 2- did v understand nature and quality 3- recognised exceptions

CONSENT what are the 2 types of consent

express - explicitly agreed in writing or verbally implied - certain amount of battery will happen in busy places/ sports

CONSENT what is the case for consent via fraud

tabassum - doing breast exam for own pleasure, told vs was medical - Vs couldn’t consent as didn’t know nature of act

CONSENT what is the case for informed consent

dica - had hiv and didn’t tell - couldn’t give informed consent as didn’t know all information

CONSENT what are the reasons for recognised exceptions

public policy social utility

CONSENT what are the 4 intentional recognised exceptions and their cases if they have them

aggressive sports - queensbury rules sadomasochism - brown tattooing/ branding - wilson medical surgery

CONSENT what are the 4 accidental recognised exceptions and cases if they have them

contact sports - barnes sexual activity - slingsby horseplay - jones chastisement of children

SELF DFENCE steps

intro - s.76 crim justice and immigration act 2008 1- did d believe had to use force/ attack first/ no reluctance/ prepare/ imminent threat/ at D, another,property 2- was degree of force reasonable 3- household cases 4- mistaken belief 5- outcome

SELF DEFENCE what act is it under

s.76 criminal justice and immigration act 2008

SELF DEFENCE 6 things included to show if d honestly believed need to use force

necessary d can attack first doesn’t need to show reluctance d can prepare for attack imminent can be to protect others/ property

SELF DEFENEC what is the case for believe had to use force

hussain - attacked when robber was running away - wasn’t necessary

SELF DEFENCE what is the case for reluctance to fight

bird - withdraing from fight is good evidence that Ds acting reasonably, there is no obligation to retreat

SELF DEFENCE what does it mean ‘was force reasonable’

not excessive objective test from jury

SELF DEFENCE case for reasonable force

tony martin - force was excessive as he shot them in back when running away

SELF DEFENCE what did tiny martin case establish

household cases - was degree of force grossly disproportionate?

SELF DEFENCE other relevant issue -mistaken belief

if d mistakenly believes need to use self defence, can still work

SELF DEFENCE - other relevant issues - intoxicated

if intoxicated, defence will fail on grounds of public policy

B6 - General Defences Flashcards

(54 cards)