Lecture 12 - Harassment and Defences Flashcards
(29 cards)
What are 4 defences for interferences with the person?
consent
necessity
self-defence
lawful justification
When is self-defence appropriate?
if D acts out of an honest and reasonable belief that they were under immediate threat, as long as the force used was proportionate to the threat
What is the difference between tort and criminal when it comes to self-defence?
tort requires both an honest and reasonable belief whereas criminal only requires an honest belief, even if that belief is unreasonable
What is meant by lawful justification?
public order, public health, individual health, parental authority
What is a case example of self-defence?
Cockroft v Smith [1705]
What happened in Cockroft v Smith [1705]?
Plaintiff attempted to poke D (smith) in the eye, with his fingers, D bit off his fingers, excessive reaction, not proportionate to threat, not self-defence
What are 3 defences of trespass to land?
permission/license to enter
necessity
legal justification
What is not a defence of trespass to land and why?
reasonableness as u cannot argue it was reasonable to enter someone else’s property
What are two defences for nuisances?
statutory authority
20 years’ prescription
What is a case example of statutory authority for nuisance?
Allen v Gulf Oil Refining Ltd [1981]
What happened in Allen v Gulf Oil Refining Ltd [1981]?
residents near oil refinery complained about noise and smell (so a private nuisance), GO had been given permission under a specific AofP so company was not liable for nuisance
What is the 20 Years’ Prescription?
if D can show they have been using the land in a way complained of for 20+ years, that will be a defence - time starts from point C becomes aware of nuisance
What is an important case for defences?
Rhodes v OPO [2015]
What did Rhodes v OPO [2015] establish?
Tort consists of:
1) conduct element
2) mental element
3) consequences element
What is the conduct element?
requires words or conduct directed at C for which there is no justification or excuse
What is the mental element?
requires an intention to cause at least severe mental or emotional distress
What is the consequences element?
requires physical harm or recognised psychiatric illness
What Act is important for Harassment?
Protection from Harassment Act 1997
What does section 1 of the PHA 1997 say?
harassment of another person is prohibited where D knows or should know the conduct is harassment
Where does it say that harassment is prohibited?
section 1 PHA 1997
What section of the PHA 1997 says that harassment includes alarming of causing distress?
s7(2)
What section of the PHA 1997 says harassment must occur on at least 2 occasions?
s7(3)
What section of the PHA 1997 says there can be a defence is harassment is reasonable in the circumstances?
s1(3)(c)
What does s7(2) of the PHA 1997 say?
harassment includes smth alarming or causing distress
