CRIMINAL LAW- defences (evaluation)

Question 1

2 defences chosen?

Answer 1

defence of consent

self defence

Question 2

critiscms with defence of consent?

Answer 2

interfering with peoples free choice
difference between sentencing
horseplay
sport should be fun and beneficial
euthanisa?

Question 3

why ‘interfering with peoples free choice’?

Answer 3

why should law interfere - cant consent to injury choose to allow? e.g r v brown

Question 4

however of ‘interfering with peoples free choice’? (3)

Answer 4

1. lead 2 serious injustice-
2. difficult to draw line btw what is humane ,what should be allowed and what not’ e.g could someone consent to serious harm - even death? -
3. .could be morally and socially unacceptable- could lead to v intimindation and lack of actual consent

Question 5

why ‘difference between sentencing’?(2)

Answer 5

1. r v brown & wilson similar injuries diff sentencing

2. brown guilty no treatment wilson not gulity & treatment

Question 6

however of ‘difference between sentencing’? (2)

Answer 6

1. law must allow exceptions-tattoo and

2. morality issue man & wife rather than 5 random men

Question 7

why ‘horesplay’? (2)

Answer 7

1. resulted in serious injury r v jones consent still defence
2. even apply when v dont consent but d mistakenly believed (r v aitken)-honest mistake

Question 8

however horseplay?

Answer 8

if d honest mistake without defence rough games too risky and society too much to blame for overprotectiveness

Question 9

why ‘sport should be fun and beneficial’?

Answer 9

should not allow ppl who injured and then give people who cause injury defence simple cause in rules

Question 10

however ‘sport should be fun and beneficial’?

Answer 10

must be a balance otherwise sport would be too risky or even banned- still unlawful if out of rules

Question 11

why ‘euthanasia’?

Answer 11

person cannot consent to own death- friend who helps= no defence and guilty of murdr

Question 12

hw to ‘euthanasia’? (2)

Answer 12

1. allowing defence of consent may be morally wrong as only normally allowed for minor matters and
2. difficult to prove if v actually consented and real as dead

Question 13

reform of defence of consent?

Answer 13

dpp issued guidelines with reforms to consent euthan-

Question 14

what was done in reform of defence of consent?

Answer 14

in 2010 dpp issues guidelines on when prosecutions in cases of assisted killing would and would not take place

Question 15

critiscms with self defence?

Answer 15

1. force used was necessary
2. law allows d to protect defend himself rather than wait for v to attack first
3. excessive force = lose defence
4. ‘line has to be drawn’
5. characteristics not allowed to be taken into account
6. public opinion

Question 16

why ‘force used was necessary’?

Answer 16

may be difficult decision and d may have made honest silly mistake e.g hit old lady in dark umbrella thought it was mugger and if jury thought necessary that old lady see attacker unpunished

Question 17

however ‘force used was necessary’?

Answer 17

unfair to find someone liable if mistake - law accept good samaritan but not if due to intox

Question 18

why ‘law allows d to protect defend himself rather than wait for v to attack first’?

Answer 18

seen as too lenient as d may misunderstand v actions when v no intent

Question 19

however ‘law allows d to protect defend himself rather than wait for v to attack first’?

Answer 19

hw unrealistic to expect d to know how severe attack would be could be fatal therfore should premptive stike aslong as proportionate

Question 20

why ‘excessive force = lose defence’?

Answer 20

problematic as heat of moment difficult for how much force e.g r v martin r v clegg

Question 21

however ‘excessive force = lose defence’?

Answer 21

if d allowed as much force as wish may choose to delib harm v and use reansble and dispor force exceeding limits in s.76 1 cj and immi act

Question 22

proposal of excessive force?

Answer 22

current reform proposals if introduced will allow defedant to use anything up to grossly disproportionate force

Question 23

why ‘line has to be drawn’??

Answer 23

jury may decide that d used force when nec but slightly excessive completely denying d of defence

Question 24

however ‘line has to be drawn’?

Answer 24

therefore line has to be drawn somewhere and rule, the defence would be unfairly and easily awarded one- juries often use common sense in making dec

Question 25

why ‘characteristics not allowed to be taken into account’

Answer 25

characteristics make percieve more danger than av person and therefore respond in self defence differently -characteristics not allowed to be taken into account e.g martin

Question 26

however on ‘characteristics not allowed to be taken into account’?

Answer 26

too lenient on d to allow and would excuse b that should be controlled could plead dr instead

Question 27

why ‘public opinion’?

Answer 27

tony martin supporters an englishmans home is his castle why should not be able to use self defence to defend it

Question 28

hwever on public opinion?

Answer 28

people use self defence as excuse to inflict violence- it would be difficult to understand where line drawn . the police and cps should be allowed to consider whether charges are brought