Defences

Question 1

Self defence

A)
B)
C)
D)
E)
F)

Answer 1

A) Threat 
B) Unjustified 
C) Reasonable to use force 
D) Reasonable Amount 
E) Defence 
F) Reaction

Question 2

R v Hitchens

Answer 2

Cannot attack an innocent 3rd party to prevent an attack

Question 3

R v Beckford 1988

Answer 3

“Circumstances may justify a pre-emptive strike”

Question 4

R v Kelly (1989)

Answer 4

Soldier shot a driver in N.Ireland dead because he thought he was a terrorist
Pre-emptive strike

Question 5

Marsh v DPP (2015)

Answer 5

Cannot provoke the threat, unless response was disproportionate

Question 6

Reasonable force as…

Answer 6

…the defendant believed the circumstances to be

Question 7

R v Galdstone Williams (1984)

Answer 7

Witnessed a man attacking a youth (who mugged him)

Question 8

A person may use force as is (……..) reasonable in the circumstances he (………) believes them to be

Answer 8

Objectively - force

Subjectively - circumstances

Question 9

R v Oye

Answer 9

Honestly believed he was being attacked due to illusions

However in the circumstances, this force was unjustified

Question 10

Dadson principle

Answer 10

Have to know that it is self defence (can’t use it as an excuse)

Question 11

S76 (5) Criminal Justice and Immigration Act (2008)

Answer 11

Allows the law to be more lenient in householder cases

“Grossly disproportionate” for the force to be unreasonable

Question 12

R v Martin (2000)

Answer 12

Farm owner shot 2 men who were burgling his estate
Before the reform of the law; he was sent to prison
However his conviction was quashed to manslaughter due to diminished responsibility

Question 13

Munir and Tokeer Hussain

Answer 13

Chased after burglar, caused GBH, went beyond self defence

Question 14

Andy and Tracy Terrie (2012)

Answer 14

Farm owners shot burgalrs
Case dropped due to reasonable self defence
- Fear of opening up the law to extrajudicial killings

Question 15

What is involuntary intoxication?

Answer 15

D is unaware of the intoxication

Question 16

R v Bailey (1983)

Answer 16

Did not know how to use insulin correctly
Became hypoglycemic and violent
It was involuntary intoxication, no MR

Question 17

R v Hardie

Answer 17

Took friends anxiety medication, couldn’t have foreseen the adverse result

Question 18

R v Allen (1988)

Answer 18

Didn’t realise the strength of his wine
Was still voluntary
Sexual harassment basic intent (unable to rely on MR)

Question 19

R v Kingston (1995)

Answer 19

The defendant had peadophilic tendencies
Was drugged and unable to control them
‘A drunk intent is still intent’

Question 20

R v Lipman (1970)

Answer 20

On LSD, believed he was being attacked by snakes
He killed a girl
He didn’t have intent to kill

Question 21

Dutch Courage

Answer 21

Drinking to gain confidence

Question 22

DPP v Majewski (1977)

Answer 22

Assault when on drugs

Basic intent - no need to prove MR

Question 23

R v Woods (1982)

Answer 23

Rape is a crime of basic intent

Question 24

Rape is a crime of basic intent

Answer 24

R v Woods (1982)

Question 25

Assault when on drugs | Basic intent - no need to prove MR

Answer 25

DPP v Majewski (1977)

Question 26

Drinking to gain confidence

Answer 26

Dutch Courage

Question 27

On LSD, believed he was being attacked by snakes He killed a girl He didn't have intent to kill

Answer 27

R v Lipman (1970)

Question 28

The defendant had peadophilic tendencies Was drugged and unable to control them 'A drunk intent is still intent'

Answer 28

R v Kingston (1995)

Question 29

Didn't realise the strength of his wine Was still voluntary Sexual harassment basic intent (unable to rely on MR)

Answer 29

R v Allen (1988)

Question 30

Took friends anxiety medication, couldn't have foreseen the adverse result

Answer 30

R v Hardie

Question 31

Did not know how to use insulin correctly Became hypoglycemic and violent It was involuntary intoxication, no MR

Answer 31

R v Bailey (1983)

Question 32

Farm owners shot burgalrs Case dropped due to reasonable self defence - Fear of opening up the law to extrajudicial killings

Answer 32

Andy and Tracy Terrie (2012)

Question 33

Chased after burglar, caused GBH, went beyond self defence

Answer 33

Munir and Tokeer Hussain

Question 34

Farm owner shot 2 men who were burgling his estate Before the reform of the law; he was sent to prison However his conviction was quashed to manslaughter due to diminished responsibility

Answer 34

R v Martin (2000)

Question 35

Allows the law to be more lenient in householder cases | "Grossly disproportionate" for the force to be unreasonable

Answer 35

S76 (5) Criminal Justice and Immigration Act (2008)

Question 36

Have to know that it is self defence (can't use it as an excuse)

Answer 36

Dadson principle

Question 37

Honestly believed he was being attacked due to illusions | However in the circumstances, this force was unjustified

Answer 37

R v Oye

Question 38

Witnessed a man attacking a youth (who mugged him)

Answer 38

R v Gladstone Williams (1984)

Question 39

Cannot provoke the threat, unless response was disproportionate

Answer 39

Marsh v DPP (2015)

Question 40

Soldier shot a driver in N.Ireland dead because he thought he was a terrorist Pre-emptive strike

Answer 40

R v Kelly (1989)

Question 41

"Circumstances may justify a pre-emptive strike"

Answer 41

R v Beckford 1988

Question 42

Cannot attack an innocent 3rd party to prevent an attack

Answer 42

R v Hitchens