Criminal - defences to assault/battery

Question 0

Donovan

Answer 0

Where ABH was inflicted, consent was not a defence. Would be criminally liable if abh caused or intended (AG Ref)

Question 1

Collins v Wilcock

Answer 1

Consent is a defence to battery. Most everyday activities have implied consent to battery

Question 2

Brown

Answer 2

Consensual ABH was not in the public interests.

Listed activities where consent was a defence - sports, chastisement, ehibitions, surgery

Question 3

Billinghurst

Answer 3

Players consented to violence of a kind reasonably expected during a game.

Question 4

Jones

Answer 4

Consent to rough undisciplined play where there is no intention to cause injury, is a defence.

A mistaken belief in consent is also a defence whether or not reasonably held.

Question 5

Williams

Answer 5

If in self - defence, conduct is not unlawful and not all definitional elements of the crime are established. Act was justified. For prosecution to disproe.

Question 6

McInnes

Answer 6

Rules to be applied in common law defences would be the same as statutory defence under s3

Question 7

Palmer

Answer 7

Established the test for self-defence

• was there a need to use force (subjective)
• was the force used reasonable (objective)

Question 8

Bird

Answer 8

Not necessary for D to have shown an unwillingness to fight. Although can be good evidence for genuinely acting in self-defence

Question 9

Beckford

Answer 9

May be reasonable for D to make a pre-emptive strike to prevent an attack which he apprehends is about to be made.

Question 10

Rashford

Answer 10

The mere fact D has gone to a scene to exact revenge did not necessarily rule out self-defence

Question 11

Clegg

Answer 11

Who uses more force than is reasonable will be convicted. Self defence will reflect in a lesser sentence.

An all or nothing defence.