#Exam 1 (2)- general defences Flashcards
(54 cards)
What are the general defences
Self defence Duress by threats Duress of circumstances Necessity Consent
What is self defence
Using force to defend oneself or to defend another
What must the degree of force be
The person acting in that way may not have been able to measure correctly the amount of force used, however, they most have honestly and instinctively thought the amount of force was correct
Which act sets out a definition of reasonable force
The criminal justice and immigration act 2008
What does R v Hussain show
Can’t use self defence if original danger is over
What do householder cases show
Give wider protection to those who are for example burgled and use force against an intruder
What does section 76 of the crime and courts act 2013 state about house holder cases
Only regarded unreasonable if “grossly disproportionate”
Must be in house or dwelling
D must be trespasser and d must believe V to be trespasser
What does Collins v Secretary of State for justice show
Courts have discretion to look and house holder cases individually
What did R v Gladstone and Williams show
That someone should be judged on what they genuinely believed was happening even if it was a mistake
Drunken mistakes aren’t covered because
It is unfair to allow someone to use self defence if their mistaken belief is caused by drink and drugs
Evaluation of self defence what are the main points
Is force necessary- r v bird
Does not protect victims from violence against them for mistakes
Is it necessary to wait for a preemptive strike
Hard to see whether force was excessive
Can’t use mental illness
What is duress
When you are forced to commit a crime
What does R v Howe show
Duress can’t be used as excuse for murder
What does R v Wilson show
Even young impressionable people can’t use duress as a defence for murder
Is duress available for attempted murder+case
No it cant be used - R v gotts
Does the threat have to be aimed at the person
No it can be friends or immediate family ( it has been questioned whether a stranger could even work )
What does r v valderrama vega show
Cumulative threats are enough for duress
What tests do we use for duress
Subjective-good reason to fear death or serious injury
Objective-would a sober person who was the same act similarly
What does R v Martin show
Mental illness which may affect whether something is considered a threat can be taken into account in the subjective test
What is taken into account under the objective test
Age Pregnancy Serious physical disability Recognised mental illness Gender
When can’t duress be used
When there is a “safe avenue of escape”
What does R v Hudson and Taylor
That even sometimes being in police protection the defendant still believes they may come to harm
What does duress need to be
Either be immediate or imminent in the sense that it is hanging over them ( r v Abdul- Hussain)
What must the threat be
It must be a threat to commit a specific offence
