General Defences cases

Question 1

Attorney General’s Reference

Answer 1

(No 6 of 1980)
consent, exceptions when public interest to allow d of c where bodily harm is caused

Question 2

Barnes

Answer 2

consent eg of games/sport, if properly conducted & injury takes place within rules of game

Question 3

Wilson v Pringle

Answer 3

implied consent, ordinary ‘jostlings’ of everyday life. in theory -> battery

Question 4

Jones

Answer 4

implied consent, ‘rough horseplay’ meaning friendly violence

Question 5

Dica

Answer 5

consent to risk of infection but x intent to spread

Question 6

Brown, Emmett

Answer 6

x consent to sado-masosochistic sexual activities

Question 7

Wilson

Answer 7

can be consent if SM acts considered ‘body adornment e.g tattoos & piercins

Question 8

Olugboja

Answer 8

submission through fear is x consent

Question 9

Dica, Tabassum

Answer 9

consent must be real- v must have knowledge of relevant facts and no deception

Question 10

Aitken

Answer 10

genuine mistake belief that v is consent can be a defence

Question 11

Hussain

Answer 11

self-defence, NUF- 1) if threat was imminent then force may have been n

Question 12

Beckford

Answer 12

self-defence, NUF- 2) a pre-emptive strike by d may be r

Question 13

Bird

Answer 13

self-defence, NUF- 3) it may be r not to retreat

Question 14

Williams

Answer 14

self-defence, NUF- 4) a genuine mistake as to the threat is acceptable

Question 15

Hussain, Martin

Answer 15

self-defence, DoF- court cons whether degree of force was r (meaning proportionate) when comp to threat. set out in CJIA 2008

Question 16

Collins

Answer 16

self-defence, DoF- in burglary cases DoF will be r unless “grossly disproportionate” to threat. set out in CCA 2013

Question 17

Self-defence definition

Answer 17

• full defence codified S.76 of CJIA 2008
• priv def (common law) “where the d uses force to defend himself, defend another, or defend property.”
• pub def “where the d uses force to prevent a crime or make an arrest” -> CJA 1967

Question 18

Howe, Gotts

Answer 18

DT, can be def to all crimes except attempted/murder

Question 19

Cole

Answer 19

DT, spec type of crime must be nominated by the 1 making the threat

Question 20

Martin

Answer 20

DT&C, threat has to be to d/im family

Question 21

Valderrama-Vega

Answer 21

DT&C, threat: death/serious injury inc. mental/physical health but cumulative effect can be cons along with threat of injury
-x expose sexuality not enough, rape is

Question 22

Graham

Answer 22

DT&C 2 stage test:

1) was d compelled to act, r believed had good cause to fear death/serious injury (subjective)
2) if so, would sober person of r firmness & shared characteristics have resp in same way (objective)

Question 23

Bowen

Answer 23

DT&C Graham test, characteristics- mental illness, disability, age, gender and preg but not low IQ

Question 24

Abdul-Hussain

Answer 24

DT, threat must be imminent> immediate

Question 25

Gill

Answer 25

DT, x safe avenue of escape eg going to police

Question 26

Hasan

Answer 26

DT, x def when self-induced: d joins a criminal gang he knows is violent OR puts themself in that position where they realised they could be comp to commit a crime by being threatened

Question 27

Duress by Threats definition

Answer 27

"where d has committed an offence due to being threatened with death/serious injury"

Question 28

S.76 of the Criminal Justice and Immigration Act 2008

Answer 28

full defence of self-defence codified here

Question 29

Criminal Justice Act 1967

Answer 29

priv def.... public defence under \* where d uses force to prevent crime or make an arrest

Question 30

Criminal Justice and Immigration Act 2008 (gen)

Answer 30

self-defence, DoF= r (proportionate) when comp to the threat (H,M)

Question 31

Crime and Courts Act 2013

Answer 31

self-defence, DoF- in burglarly cases, \*states that DoF will be r unless "grossly disprop" to threat (C)

Question 32

Children Act 2004

Answer 32

consent eg, lawful chastisement if r, proportionate and not cruel under \*

Question 33

Willer

Answer 33

1986 DC, first est def- "where the d is forced to act by surrounding circumstances rather than by a person"

Question 34

Pommell

Answer 34

DC, def to all crimes except murder/attempted

Question 35

Martin (DC)

Answer 35

threat must be imminent\> aq not immediate

Question 36

Cairns

Answer 36

DC, -no need for a real threat, just a t perceived by d -must b x safe av of escape eg going to police

Question 37

Dudley and Stephens, Re F and Re A

Answer 37

Necessity was first cons by courts in D+S and in modern cases such as ReF+A

Question 38

Necessity definition

Answer 38

Def may apply where circumstances force a person to act in order to prevent a greater evil from happening

Question 39

Necessity reqs

Answer 39

- similar to DC but can be for murder/attempted 1) evil inflicted r/p comp to evil avoided 2) evil avoided must b inevitable 3) evil avoided would have caused irrep harm 4) evil av directed at d/someone he is resp for

Question 40

(No 6 of 1980) consent, exceptions when public interest to allow d of c where bodily harm is caused

Answer 40

Attorney General's Reference

Question 41

consent eg of games/sport, if properly conducted & injury takes place within rules of game

Answer 41

Barnes

Question 42

implied consent, ordinary 'jostlings' of everyday life. in theory -\> battery

Answer 42

Wilson v Pringle

Question 43

implied consent, 'rough horseplay' meaning friendly violence

Answer 43

Jones

Question 44

consent to risk of infection but x intent to spread

Answer 44

Dica

Question 45

x consent to sado-masosochistic sexual activities

Answer 45

Brown, Emmett

Question 46

can be consent if SM acts considered 'body adornment e.g tattoos & piercins

Answer 46

Wilson

Question 47

submission through fear is x consent

Answer 47

Olugboja

Question 48

consent must be real- v must have knowledge of relevant facts and no deception

Answer 48

Dica, Tabassum

Question 49

genuine mistake belief that v is consent can be a defence

Answer 49

Aitken

Question 50

self-defence, NUF- 1) if threat was imminent then force may have been n

Answer 50

Hussain

Question 51

self-defence, NUF- 2) a pre-emptive strike by d may be r

Answer 51

Beckford

Question 52

self-defence, NUF- 3) it may be r not to retreat

Answer 52

Bird

Question 53

self-defence, NUF- 4) a genuine mistake as to the threat is acceptable

Answer 53

Williams

Question 54

self-defence, DoF- court cons whether degree of force was r (meaning proportionate) when comp to threat. set out in CJIA 2008

Answer 54

Hussain, Martin

Question 55

self-defence, DoF- in burglary cases DoF will be r unless "grossly disproportionate" to threat. set out in CCA 2013

Answer 55

Collins

Question 56

- full defence codified S.76 of CJIA 2008 - priv def (common law) "where the d uses force to defend himself, defend another, or defend property." - pub def "where the d uses force to prevent a crime or make an arrest" -\> CJA 1967

Answer 56

Self-defence definition

Question 57

DT, can be def to all crimes except attempted/murder

Answer 57

Howe, Gotts

Question 58

DT, spec type of crime must be nominated by the 1 making the threat

Answer 58

Cole

Question 59

DT&C, threat has to be to d/im family

Answer 59

Martin

Question 60

DT&C, threat: death/serious injury inc. mental/physical health but cumulative effect can be cons along with threat of injury -x expose sexuality not enough, rape is

Answer 60

Valderrama-Vega

Question 61

DT&C 2 stage test: 1) was d compelled to act, r believed had good cause to fear death/serious injury (subjective) 2) if so, would sober person of r firmness & shared characteristics have resp in same way (objective)

Answer 61

Graham

Question 62

DT&C Graham test, characteristics- mental illness, disability, age, gender and preg but not low IQ

Answer 62

Bowen

Question 63

DT, threat must be imminent\> immediate

Answer 63

Abdul-Hussain

Question 64

DT, x safe avenue of escape eg going to police

Answer 64

Gill

Question 65

DT, x def when self-induced: d joins a criminal gang he knows is violent OR puts themself in that position where they realised they could be comp to commit a crime by being threatened

Answer 65

Hasan

Question 66

"where d has committed an offence due to being threatened with death/serious injury"

Answer 66

Duress by Threats definition

Question 67

full defence of self-defence codified here

Answer 67

S.76 of the Criminal Justice and Immigration Act 2008

Question 68

priv def.... public defence under \* where d uses force to prevent crime or make an arrest

Answer 68

Criminal Justice Act 1967

Question 69

self-defence, DoF= r (proportionate) when comp to the threat (H,M)

Answer 69

Criminal Justice and Immigration Act 2008 (gen)

Question 70

self-defence, DoF- in burglarly cases, \*states that DoF will be r unless "grossly disprop" to threat (C)

Answer 70

Crime and Courts Act 2013

Question 71

consent eg, lawful chastisement if r, proportionate and not cruel under \*

Answer 71

Children Act 2004

Question 72

1986 DC, first est def- "where the d is forced to act by surrounding circumstances rather than by a person"

Answer 72

Willer

Question 73

DC, def to all crimes except murder/attempted

Answer 73

Pommell

Question 74

threat must be imminent\> aq not immediate

Answer 74

Martin (DC)

Question 75

DC, -no need for a real threat, just a t perceived by d -must b x safe av of escape eg going to police

Answer 75

Cairns

Question 76

Necessity was first cons by courts in D+S and I'm modern cases such as ReF+A

Answer 76

Dudley and Stephens, Re F and Re A

Question 77

Def may apply where circumstances force a person to act in order to prevent a greater evil from happening

Answer 77

Necessity definition

Question 78

- similar to DC but can be for murder/attempted 1) evil inflicted r/p comp to evil avoided 2) evil avoided must b inevitable 3) evil avoided would have caused irrep harm 4) evil av directed at d/someone he is resp for

Answer 78

Necessity reqs