General Defences cases Flashcards

consent, self-defence, duress by threats, duress by circumstances and necessity

1
Q

Attorney General’s Reference

A

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

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2
Q

Barnes

A

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

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3
Q

Wilson v Pringle

A

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

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4
Q

Jones

A

implied consent, ‘rough horseplay’ meaning friendly violence

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5
Q

Dica

A

consent to risk of infection but x intent to spread

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6
Q

Brown, Emmett

A

x consent to sado-masosochistic sexual activities

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7
Q

Wilson

A

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

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8
Q

Olugboja

A

submission through fear is x consent

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9
Q

Dica, Tabassum

A

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

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10
Q

Aitken

A

genuine mistake belief that v is consent can be a defence

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11
Q

Hussain

A

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

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12
Q

Beckford

A

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

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13
Q

Bird

A

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

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14
Q

Williams

A

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

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15
Q

Hussain, Martin

A

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

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16
Q

Collins

A

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

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17
Q

Self-defence definition

A
  • 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
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18
Q

Howe, Gotts

A

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

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19
Q

Cole

A

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

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20
Q

Martin

A

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

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21
Q

Valderrama-Vega

A

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

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22
Q

Graham

A

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)

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23
Q

Bowen

A

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

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24
Q

Abdul-Hussain

A

DT, threat must be imminent> immediate

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25
Q

Gill

A

DT, x safe avenue of escape eg going to police

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26
Q

Hasan

A

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

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27
Q

Duress by Threats definition

A

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

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28
Q

S.76 of the Criminal Justice and Immigration Act 2008

A

full defence of self-defence codified here

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29
Q

Criminal Justice Act 1967

A

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

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30
Q

Criminal Justice and Immigration Act 2008 (gen)

A

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

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31
Q

Crime and Courts Act 2013

A

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

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32
Q

Children Act 2004

A

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

33
Q

Willer

A

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

34
Q

Pommell

A

DC, def to all crimes except murder/attempted

35
Q

Martin (DC)

A

threat must be imminent> aq not immediate

36
Q

Cairns

A

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

37
Q

Dudley and Stephens, Re F and Re A

A

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

38
Q

Necessity definition

A

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

39
Q

Necessity reqs

A
  • 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
40
Q

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

A

Attorney General’s Reference

41
Q

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

A

Barnes

42
Q

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

A

Wilson v Pringle

43
Q

implied consent, ‘rough horseplay’ meaning friendly violence

A

Jones

44
Q

consent to risk of infection but x intent to spread

A

Dica

45
Q

x consent to sado-masosochistic sexual activities

A

Brown, Emmett

46
Q

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

A

Wilson

47
Q

submission through fear is x consent

A

Olugboja

48
Q

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

A

Dica, Tabassum

49
Q

genuine mistake belief that v is consent can be a defence

A

Aitken

50
Q

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

A

Hussain

51
Q

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

A

Beckford

52
Q

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

A

Bird

53
Q

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

A

Williams

54
Q

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

A

Hussain, Martin

55
Q

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

A

Collins

56
Q
  • 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
A

Self-defence definition

57
Q

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

A

Howe, Gotts

58
Q

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

A

Cole

59
Q

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

A

Martin

60
Q

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

A

Valderrama-Vega

61
Q

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)

A

Graham

62
Q

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

A

Bowen

63
Q

DT, threat must be imminent> immediate

A

Abdul-Hussain

64
Q

DT, x safe avenue of escape eg going to police

A

Gill

65
Q

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

A

Hasan

66
Q

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

A

Duress by Threats definition

67
Q

full defence of self-defence codified here

A

S.76 of the Criminal Justice and Immigration Act 2008

68
Q

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

A

Criminal Justice Act 1967

69
Q

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

A

Criminal Justice and Immigration Act 2008 (gen)

70
Q

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

A

Crime and Courts Act 2013

71
Q

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

A

Children Act 2004

72
Q

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

A

Willer

73
Q

DC, def to all crimes except murder/attempted

A

Pommell

74
Q

threat must be imminent> aq not immediate

A

Martin (DC)

75
Q

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

A

Cairns

76
Q

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

A

Dudley and Stephens, Re F and Re A

77
Q

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

A

Necessity definition

78
Q
  • 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
A

Necessity reqs