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Defences Flashcards

1
Q

Self defence: prevention of crime (statutory defence)

A

S3(1) criminal law act 1967

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2
Q

Self defence: legal test

A

. Was the force necessary
. Was the force reasonable in the circumstance

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3
Q

Self defence: the force was necessary as he was going to be attacked

A

Hussain and another

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4
Q

Self defence: protect themselves, another person and or property

A

Common law

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5
Q

Self defence: if there was an honest mistaken belief of a threat the defence is still available

A

Williams

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6
Q

Self defence: if the D makes the mistaken belief because they where voluntarily intoxicated

A

O’Grady

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7
Q

Self defence: don’t have to retreat from an attack

A

Bird

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8
Q

Self defence: if the D fears and attack they can prepare for an attack

A

Attorney general reference (No2 of 1983)

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9
Q

Self defence: if the D uses aggression in order to escalate the situation into a more violent one then the defence is unavailable

A

Rashford

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10
Q

Self defence: the force used by the D must be reasonable in the circumstance as the D believes them to be

A

Palmer

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11
Q

Self defence: if disproportionate force is used the defence is unavailable

A

S76(6) criminal justice and immigration act 2008

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12
Q

Self defence: extend the D appreciated the exact same measure of necessary action

A

S76(7)(a) criminal justice and immigration act 2008

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13
Q

Self defence: there is evidence to support the D honest and instinctively believed they took reasonable action

A

S76(7)(b) criminal justice and immigration act 2008

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14
Q

Consent: if it is not in the interest of the public to allow people to consent to harm greater than common assault unless it is one of the public policy exceptions

A

Attorney general reference (No 6 of 1980)

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15
Q

Consent: harm caused within the rules of a game is lawful

A

Barnes

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16
Q

Consent: harm outside the rules of the game is unlawful

A

Billinghurst

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17
Q

Consent: deliberately and unnecessarily sets out to injure another person is unlawful

A

Johnson

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18
Q

Consent: lawful and reasonable chastisement of children is permitted. But if ABH or greater harm occurred defence is unavailable

A

S58 children act 2004

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19
Q

Consent: an adult can refuse / surgical interference

A

Blaue

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20
Q

Consent: a child below the age of 16 can consent to treatment or refuse treatment as long as they have ……… competence, they have sufficient intelligence and understanding of there decision

A

Gillick

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21
Q

Consent: if a person lacks mental capacity to consent to medical treatment, it can be provided, as long as medical staff are acting in their best interest

A

F v West Berkshire HA

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22
Q

Consent: a person consenting to body adornment must have the mental capacity to consent

A

Burrell & Hammer

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23
Q

Consent: body adornment between consenting spouses that result in harm is lawful

A

Wilson

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24
Q

Consent: if the D has a genuine mistaken belief that the V was consenting to horseplay, this is lawful

A

Jones

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25
Q

Consent: a person cannot consent to being killed

A

Pretty

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26
Q

Consent: a person cannot give consent for someone to inject them with unlawful drugs

A

Cato

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27
Q

Consent: not all fraudulent conduct will be cancel out the Vs consent

A

Linekar

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28
Q

Consent: if the D makes out they are someone they are not, the V consent is invalid

A

Elbekkay

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29
Q

Consent: the V knew the nature and quality of the conduct

A

Tabbassum

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30
Q

Consent: a person cannot consent out of fear

A

Olugboja

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31
Q

DBT: governed by

A

Common law and Hasan

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32
Q

DBT: defence is unavailable for murder (1) and attempted murder (2)

A
  1. Howe
  2. Gotts
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33
Q

DBT: the D should be heroic and sacrifice their own life rather than that of another

A

Lord Hailsham

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34
Q

DBT: the threat must be one of death or serious harm

A

Hasan, Graham

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35
Q

DBT: as long as one of the threat of either death or serious harm, the cumulative effect of all the threats can be considered

A

Valderrama-vega

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36
Q

DBT: a threat to rape is sufficient

A

Ashley

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37
Q

DBT: a threat to damage property is insufficient

38
Q

DBT: a threat to reveal someone’s homosexuality is insufficient

A

Valderrama-vega

39
Q

DBT: a threat of psychological injuries is insufficient

A

Baker and Wilkins

40
Q

DBT: the threat doesn’t have to be immediate but has to be imminent

A

Abdul Hussain

41
Q

DBT: the threat can be toward the D or someone for whom they feel responsible

42
Q

DBT: the threat can be toward the D or their family or someone close to them

43
Q

DBT: the test is used in order to determine if the D responded reasonably to the threat

A

Graham test

44
Q

DBT: a reasonable and genuine perception of a threat of serious injury

45
Q

DBT: did they respond as a sober person with reasonable firmness sharing the characteristics of the D would have done

46
Q

DBT: characteristics that are permitted

A

Age, gender, pregnancy

47
Q

DBT: characteristics that are not permitted

A

Low IQ, timidity and self induced abuse

48
Q

DBT: there must be a link between the threat and the type of crime committed

49
Q

DBT: if there is a safe avenue of escape the D can avoid the threat, the defence is unavailable

50
Q

DBT: if the threat is still operating in the Ds mind at the time the offence is committed, despite to others there appears to be a safe avenue of escape, the defence is still available

A

Hudson and taylor

51
Q

DBT: the D knowlingly and voluntarily associated with a criminal gang known for violence

52
Q

DBC: governed by

A

Graham test confirmed by Martin and updated by Hasan

53
Q

DBC: is available for all offences except murder and attempted murder

54
Q

DBC: the circumstances the D has found themselves in has caused them to have a reasonable and genuine perception of death or serious harm

55
Q

DBC: the threat doesn’t have to be immediate but has to be at least imminent

A

Abdul Hussain

56
Q

DBC: threat can be toward the D or someone who they feel responsible for

57
Q

DBC: the threat can be towards the D or their family or someone close to them

58
Q

DBC: the test to determine if the D is responsible to the threat

A

Graham test confirmed by Martin and updated by Hasan

59
Q

DBC: a reasonable and genuine perception of a threat of serious physical injury

60
Q

DBC: did they respond as a sober person of reasonable firmness sharing the characteristics of the D would have done

61
Q

DBC: If there is a safe avenue of escape so the D can avoid the threat the defence is unavailable

62
Q

DBC: if the threat is still operating in the Ds mind at the time of the offence is committed, despite there being a safe avenue of escape, the defence is available

A

Hudson and taylor

63
Q

DBC: if the D knowlingly and voluntarily associates with a criminal gang known for violence, defence is unavailable

64
Q

Insanity: governed by

A

M’naghten Rules

65
Q

Insanity: the D must have suffered from a complete loss of reasoning and not confusion or absent mindedness

66
Q

Insanity: the defect of reason may be permanent or temporary

67
Q

Insanity: the disease of the mind must be cause by an internal factor

68
Q

Insanity: it is any condition which impairs the mental faculties of reason, memory and understanding

69
Q

Insanity: it can be temporary and/or a medical condition that affects the brain

70
Q

Insanity: hyperglycaemic episodes are classed as insanity

71
Q

Insanity: voluntary intoxication is an external factor

72
Q

Insanity: sleep walking is an internal factor

73
Q

Insanity: the D knew the nature and quality of the act

74
Q

Insanity: the D didn’t know the nature and quality of the act

75
Q

Insanity: D knew the act was legally wrong

76
Q

Automatism: governed by

A

Common law, bratty define by Lord denning

77
Q

Automatism: D must have a total destruction of voluntary control, this means they have 100% involuntary

A

Attorney general reference (no 2 of 1992)

78
Q

Automatism: actions where completely involuntary

79
Q

Automatism: the D will have to provide evidence that they where in an automatic state at the time of the incident

A

Hill v Baxter

80
Q

Automatism: hypoglycaemic episode is an external factor

81
Q

Automatism: must be caused by an external factor

A

Butterworth

82
Q

Automatism: who provides the rules for self induced automatism

83
Q

Intoxication: if the D is voluntarily intoxicated and cannot form the MR of the Specific intent offence, it will be a full defence. However not for alternative basic intent offence, recklessly intoxicated

A

Sheehan and Moore

84
Q

Intoxication: if the D forms the MR of a specific intent offence the defence is unavailable

85
Q

Intoxication: Drunken intent is still intent

86
Q

Intoxication: basic intent offence are governed by

87
Q

Intoxication: if the D commits a basic intent offence whilst voluntarily intoxicated, they would be guilty of this offence, as their decision to be intoxicated was reckless

88
Q

Intoxication: if the jury finds that the D would have realised the risk if sober then the defence is available

A

Richardson and Irwin

89
Q

Intoxication: involuntarily intoxication is a full defence to both SIO and BIO (1) unless the D forms the MR of the offence (2)

A
  1. Hardie
  2. Kingston
90
Q

Intoxication: the rules for intoxicated mistake is governed by

91
Q

Automatism: demonstrated some control over there actions then the defence is unavailable

A

Brooke v Perkins

Criminal LAW (6 decks)

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