Defences

Question 1

What is a defence?

Answer 1

When the D still commit the offence but there were certain circumstances involved to make the D only partially responsible

Question 2

What will a full defence lead to?

Answer 2

A full aquittal

Question 3

What will a partial offence lead to?

Answer 3

A reduction in conviction

Question 4

What is a common law defence?

Answer 4

A law made by judges, consent is one of these

Question 5

What type of defence is consent?

Answer 5

A full defence so they will be found not guilty

Question 6

What can consent never be a defence for and the case?

Answer 6

Murder (Pretty)

Question 7

What is valid consent?

Answer 7

The V has to have legal capacity

Question 8

Who doesn’t have legal capacity?

Answer 8

Underage
Mental or learning disabilities
Intoxicated

Question 9

What is the case and held for valid consent?

Answer 9

Burrell v Harmer- They were underage so had no legal capacity so cannot consent

Question 10

What is true consent?

Answer 10

Giving false consent if the V doesn’t know the identity of D or the nature and quality of D’s acts

Question 11

What is the case and held for the identity of D in true consent?

Answer 11

Tabassum- he lied about his identity so there was no true consent

Question 12

What is the case for nature and quality in true consent?

Answer 12

Dica- Guilty of S.20 GBH after getting HIV as the woman didn’t know the quality of the act

Question 13

Can a person consent to harm?

Answer 13

A person cannot consent to harm unless a recognised exception is applied or if the court see there is ‘a good reason’ for the harm occuring (McArthy)

Question 14

What are the 5 exceptions for consent to harm?

Answer 14

Organised sports
Tattooing and branding
Sexual activity
Horseplay
Medical procedures

Question 15

What is the rule for tattooing and branding?

Answer 15

You are allowed to consent to harm for a tattoo and it will be valid

Question 16

What is the rule for organised sports?

Answer 16

It is only valid if the harm occurs within the rules of the game

Question 17

What did the case of Billinghurst say about organised sports?

Answer 17

No valid consent if deliberate outside the rules of the game

Question 18

What did the case of Barnes say about organised sports?

Answer 18

If the game permits the act, it will be seen as valid

Question 19

What is the rule and case for boxing and consent?

Answer 19

They have to follow the Queensbury rules and if not there is no valid consent (Ag Ref No.6)

Question 20

What did the case of Wilson say about tattooing and branding?

Answer 20

D branded his wife’s buttocks and the meaning was extended to branding aswell

Question 21

When is consent to harm allowed in sexual activity?

Answer 21

If the injuries were inadvertant and V gave full consent

Question 22

What is the case for harm being an accident in sexual activity?

Answer 22

Slingsby

Question 23

When is consent not allowed in sexual activity?

Answer 23

When it is sado-maschism

Question 24

What is sado-masochism?

Answer 24

The deliberate infliction of harm for sexual gratification- cannot be consented to

Question 25

What happened in the case of Brown?

Answer 25

Convicted of S.47 and S.20 offences as it was not in public interest to inflict bodily harm for no good reason

Question 26

What happened in the case of Lock?

Answer 26

The D was let off after inflicting harm while reenacting a fifty shades of grey scene as they were two consenting adults

Question 27

What is the case for horseplay and consent?

Answer 27

Consent available as no one intended to inflict any harm

Question 28

What is the rule and case for euthanasia?

Answer 28

No one can consent to their own death Pretty- any assistance off the husband would be a criminal act

Question 29

What does self defence cover?

Answer 29

Protecting yourself, another person or property

Question 30

What act does self defence come from?

Answer 30

Criminal justice and immigration act 2008 (S.76)

Question 31

What is the burden of proof?

Answer 31

The verdict lies with the prosecution to see if the force was unnecessary and unreasonable

Question 32

What are 2 points that are considered for self defence to be successful?

Answer 32

Was the use of force necessary in the circumstances Was the force used reasonable in the circumstances?

Question 33

What are the 3 elements for 'was the force necessary in the circumstances' for self defence?

Answer 33

Mistake & Self-Defence Self-Defence & Intoxication D's characteristics

Question 34

What are the sections and act for self defence?

Answer 34

S.76(3), (4), (5) & (6) Criminal Justice and Immigration Act 2008

Question 35

What are the rules for mistake and self defence?

Answer 35

Circumstances are judged as D genuinely believed them to be even if the belief was a mistake

Question 36

What are the rules for self defence and intoxication?

Answer 36

If D is voluntarily intoxicated, the defence will fail for self defence

Question 37

What is the case and held for self defence and intoxication?

Answer 37

O'grady- failed as only thought he was being attacked due to intoxication

Question 38

What are the rules for D's characteristics in self defence with the case?

Answer 38

Characteristics cannot be taken into account when judging if force was necessary (Martin- psychiatric evidence not taken into account)

Question 39

What are the 3 elements for the force being reasonable in self defence?

Answer 39

Disproportionate or excessive force Pre-emptive strikes Possibility to retreat

Question 40

What will the outcome be if there is disproportionate or excessive for and what is the case?

Answer 40

Defence will fail (Clegg)

Question 41

What are pre-emptive strikes and what is the case?

Answer 41

The D doesn't have to be attacked first and the D can 'get the first blow in'

Question 42

What is the rules for possibility to retreat with the case?

Answer 42

The D does not have to walk away and can stand their ground in an argument (Bird)

Question 43

What are the rules for protecting property in self defence?

Answer 43

The force is allowed if it is disproportionate but cannot be 'grossly disproportionate' (Ray)

Question 44

What is the act that set out the rules for protecting property in self defence?

Answer 44

S.43 of the Crime and Courts Act 2013 has amended s.76 of the Criminal Justice and Immigration Act 2009