Defences

Question 1

What needs to be satisfied in order to plead self defence?

Answer 1

That the force was necessary and that the use of force was reasonable

Question 2

What is the first part for Self Defence?

Answer 2

Necessity
It must be necessary to use at least some force in the circumstances

Question 3

Is the first part of self defence Subjective or Objective?

Answer 3

Subjective

Question 4

What is the defendant judged against in the first part of self defence?

Answer 4

The Defendant will be judged against the standards as he believed them to be

Question 5

Any mistaken belief will be accepted for self defence as long as …

Answer 5

as long as the belief is genuinely held

Question 6

What is the one mistake that can be used for most self defence cases?

Answer 6

Pre-emptive Strikes
The defendant will be able to defend himself even if the attack has not yet taken place with a pre-emptive strike

Question 7

What is the second part for Self Defence?

Answer 7

Reasonableness of force
force used must be reasonable in the circumstances as the D believed them to be and proportionate to the threat

Question 8

What does S76 of the CJIA say about force for self defence?

Answer 8

degree of force will not be considered reasonable where it is disproportionate
(must not use excessive force)

Question 9

What is the first part of the Graham test for Duress?

Answer 9

Ask whether the defendant reasonably believed that he would be killed or physically injured if he did not comply with the threats

Question 10

What must the threat be of for the first part of Duress?

Answer 10

death or serious violence nothing else will suffice.

Question 11

Who can the threat be to in the first part of Duress?

Answer 11

them or another person
(must be close family members or people to whom the defendant is responsible)

Question 12

What must the threat be to be sufficient for part one of Duress?

Answer 12

• crime must be specified
• threat must be effective at the moment the crime is committed (imminent and unavoidable)

Question 13

What are the rules on self induced duress in part 1?

Answer 13

the defence will not be available where the defendant has voluntarily associated themselves with criminals or should have reasonably foreseen that they might be forced to commit crimes by threat or violence

Question 14

What is the second part of the graham test for Duress?

Answer 14

asks whether a sober person of reasonable firmness would have done the same thing.

Question 15

What do the courts take into account in the second part of the test for duress?

Answer 15

take into account some of the Ds characteristics such as age sex and disability

Question 16

For Duress, is the first part subjective or Objective?

Answer 16

Subjective

Question 17

For Duress, is the second part subjective or Objective?

Answer 17

objective

Question 18

What does the key case for Intoxication State?

Answer 18

This defence will only ever work where the D was so intoxicated that they were unable to form the Mens Rea.

Question 19

What is the first part of Intoxication?

Answer 19

What type of intoxication
- Involuntary
- Voluntary

Question 20

What are examples of when the D would be classed as voluntarily intoxicated?

Answer 20

• D willingly chooses to drink or take drugs
• D who underestimates the strength of alcohol
• Dutch courage

Question 21

What are examples of when the D would be classed as involuntarily intoxicated?

Answer 21

• spiked
• under duress
• takes prescription that has an unexpected effect

Question 22

What is the second part of intoxication?

Answer 22

the type of offence
- specific intent crime
- basic intent crime

Question 23

What is a specific intent crime and what is an example?

Answer 23

ones which can only be committed through intention.

Theft, Robbery, Burglary, Fraud

Question 24

What is a basic intent crime and what is an example?

Answer 24

ones which can be committed through intention or recklessness.

Criminal Damage

Question 25

What is the third part of Intoxication?

Answer 25

The effect

Question 26

Part 3 of intoxication
A person who is voluntarily intoxicated who commits a specific intent crime…

Answer 26

has a full defence to specific intent crimes so long as they can show that they were unable to form the mens rea.

Question 27

Part 3 of intoxication
A person who is voluntarily intoxicated who commits a basic intent crime….

Answer 27

has no defence as getting so drunk/high that you are unable to form the MR is considered to be reckless conduct to satisfy the Mens rea.

However, if the D would not have foreseen the risk even if sober, the D will have a full defence.

Question 28

Part 3 of intoxication
A person who is involuntarily intoxicated who commits a specific intent crime….

Answer 28

has a full defence.

However, only if they were unable to form the MR as intoxicated intent is still intent.

Question 29

Part 3 of intoxication
A person who is involuntarily intoxicated who commits a basic intent crime….

Answer 29

has a full defence.