Criminal law: Necessity Defences

Question 1

What is self defence?

Answer 1

Defined under section 5 Criminal law act 1967 When the defendant uses reasonable force in the prosecution of crime or defending oneself.

Question 2

What needs to be proven for the defence of self defence?

Answer 2

• Whether it was necessary to use force as illustrated in R v Hussain 2010 where the use of force was excessive
• Whether the amount of force was reasonable as illustrated in Tony martin 2001

Question 3

What is the statutory / public defence?

Answer 3

The subjective test as to whether the defendant believed that the force was necessary in the prevention of crime.The recklessness of force to an objective test.

Question 4

What is duress?

Answer 4

Where the defendant is forced to perform criminal activities.

Question 5

What offences is duress not available for?

Answer 5

• Murder
• Attempted murder
• Treason

Question 6

How is duress established.

Answer 6

By applying the principles from Graham 1982:
- Whether the defendant feared death as serious physical injury
- Whether the defendant responded like any reasonable person in the situation

Question 7

What is self- induced duress?

Answer 7

Where the defendant puts them self in a position in which they were likely to be subjected threats made to persuade them to commit an offence.

eg. Sharpie 1987 : he defendant couldnt use the defence of duress because the voluntarily joined a criminal gang.

Question 8

What id duress of circumstances?

Answer 8

Where the defendant believe that they would suffer death or serious injury if they did not escape by doing what he did.

eg. Martin 1989