Affirmative Defences Flashcards
What is duress?
A form of pressure put on the defendant which compels them to act unlawfully
What are general defences examples?
Duress
Necessity
Self defence
What are different types of duress?
Pressure from another person called duress my threats
Pressure from circumstances called duress of circumstances
What must the pressure in duress involve?
The threat of serious injury or death
Duress does not eliminate actus reas or mens rea, the defendant admits both of these. What does duress do?
Duress makes a plea to the courts to recognise the pressure that the defendant was under and harm they tried to avoid
Limitations of duress
No defence for murder or attempted murder
Limitations of duress example
Joining a gang
What is necessity?
A justificatory defence. Where the courts condone a criminal offence
What did Lord Denning say about necessity?
If hunger were once allowed to be an excuse for stealing it would open a door through all kinds of lawlessness and disorder would pass, if homelessness were once admitted as a defence to trespass, no ones home could be safe. Necessity would open a sort no man could shut.
What does necessity require?
Unavoidable evil which must be balanced against the evil committed.
When can necessity be used?
Only in very unusual special circumstances
What are the four sources of law on self defence?
The common law
S.3 crim law act 1967
S.76 crim justice and immigration act 2008
S.5 criminal damage act 1971
Where a defendant provokes the force or threat, he cannot use the defence of self defence unless
The provocation is unintentional
What can self defence be used for?
Protect self
Protect another
Prevent a crime
Protect property
In self defence force must be what?
Reasonable
Not excessive
