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Law paper 1- criminal > Defences > Flashcards

Defences Flashcards

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1
Q

What is a defence?

A

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

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2
Q

What will a full defence lead to?

A

A full aquittal

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3
Q

What will a partial offence lead to?

A

A reduction in conviction

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4
Q

What is a common law defence?

A

A law made by judges, consent is one of these

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5
Q

What type of defence is consent?

A

A full defence so they will be found not guilty

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6
Q

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

A

Murder (Pretty)

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7
Q

What is valid consent?

A

The V has to have legal capacity

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8
Q

Who doesn’t have legal capacity?

A

Underage
Mental or learning disabilities
Intoxicated

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9
Q

What is the case and held for valid consent?

A

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

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10
Q

What is true consent?

A

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

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11
Q

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

A

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

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12
Q

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

A

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

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13
Q

Can a person consent to harm?

A

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)

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14
Q

What are the 5 exceptions for consent to harm?

A

Organised sports
Tattooing and branding
Sexual activity
Horseplay
Medical procedures

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15
Q

What is the rule for tattooing and branding?

A

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

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16
Q

What is the rule for organised sports?

A

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

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17
Q

What did the case of Billinghurst say about organised sports?

A

No valid consent if deliberate outside the rules of the game

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18
Q

What did the case of Barnes say about organised sports?

A

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

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19
Q

What is the rule and case for boxing and consent?

A

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

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20
Q

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

A

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

21
Q

When is consent to harm allowed in sexual activity?

A

If the injuries were inadvertant and V gave full consent

22
Q

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

A

Slingsby

23
Q

When is consent not allowed in sexual activity?

A

When it is sado-maschism

24
Q

What is sado-masochism?

A

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

25
Q

What happened in the case of Brown?

A

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

26
Q

What happened in the case of Lock?

A

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

27
Q

What is the case for horseplay and consent?

A

Consent available as no one intended to inflict any harm

28
Q

What is the rule and case for euthanasia?

A

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

29
Q

What does self defence cover?

A

Protecting yourself, another person or property

30
Q

What act does self defence come from?

A

Criminal justice and immigration act 2008 (S.76)

31
Q

What is the burden of proof?

A

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

32
Q

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

A

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

33
Q

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

A

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

34
Q

What are the sections and act for self defence?

A

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

35
Q

What are the rules for mistake and self defence?

A

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

36
Q

What are the rules for self defence and intoxication?

A

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

37
Q

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

A

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

38
Q

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

A

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

39
Q

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

A

Disproportionate or excessive force
Pre-emptive strikes
Possibility to retreat

40
Q

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

A

Defence will fail (Clegg)

41
Q

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

A

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

42
Q

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

A

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

43
Q

What are the rules for protecting property in self defence?

A

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

44
Q

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

A

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

45
Q
A
46
Q
A
47
Q
A
48
Q
A

Law paper 1- criminal (6 decks)

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