General Defences (CL book 6) Flashcards
DbyT steps to success
Intro common law defence, Graham, 2 part test
1. Was D forced to act?
2. DAVIES + cases
3. SMRF sharing Ds characteristics
4. Other Relevant Issues (intoxication)
DbyT What is the 2 Part test from Graham?
1.Was D forced to act as he reasonably believed he feared death / SI?
2. Would the sober man of reasonably firmness with Ds characteristics have acted the same?
DbyT what happened in graham
King was bully and told D to kill his wife but there was no threat
DbyT What does DAVIES stand for
D death / si
A aimed at
V voluntary association
I immediate
E escape
S specific
DbyT What is the case for death / SI?
Valderama vega
threatened to reveal sexuality AND serious injury so defence suceeded
DbyT What is the case for Voluntary association?
Hasan
DbyT What is the case for Specific?
Cole
DbyT What’s the case for sober man reasonable firmness?
Bowen
low IQ
DbyT extra information
- no defence if O mistakenly belleves hes under threat , due to intoxication
- no defence to murder or attempted murder
D BY CIRCUMSTANCE
steps to success
intro - common law, martin, same 2 part test as graham
1. Was d forced to act
2. DAVIE
3. reasonable and proportionate
4. SMRF w ds characteristics
5. outcome- full defence acquittal
D BY CIRCUMSTANCE
What is The 2 part test from Martin
1.Was D forced to act as he reasonably believed he feared death / SI?
2. Would the sober man of reasonably firmness (RM) with Ds characteristics have acted the same?
D BY CIRCUMSTANCE
what happened in martin
D forced to drive or wife would kill herself.
D BY CIRCUMSTANCE
What does DAVIE stand for
D death/si
A aimed at
V voluntary association
I immediate
E escape
D BY CIRCUMSTANCE
For D by C the action must have been…
reasonable and proportionate
D BY CIRCUMSTANCE
What is the case for circumstance
WILLER
car surrounded by people and he drove recklessly to get away
