defences

Question 1

limbs of self defence

Answer 1

• the trigger
• the response

Question 2

the tigger

Answer 2

• belief in the need to use force
• honest and genuine - does not have to be accurate of objectively reasonable
  R v Gladstone Williams [1987]

Question 3

the response

Answer 3

the amount of for used
‘a person may use such force as is (objectively) reasonable in the circumstances as he (subjectively) believes them to be’ (Owino [1996] 2 Cr App 128)

Question 4

Durress

Answer 4

1. Duress by threats
2. duress of circumstances
   3.

Question 5

duress by threats

Answer 5

Hasan
Test authoritatively set out in R v Graham [1982]
Factual first part of test, and secondly, if those are factually correct, there is a reasonable person criteria
- does not apply to murder - Howe
-threat must be to cause death or serious injury
-must be directed at D or immediate family
k- directly cause criminal conduct v
- no evasive action D could reasonably take
- cannot be voluntary

Question 6

duress by circumstance

Answer 6

Generally, the rules governing duress by threats are taken to apply to duress by circumstances (excluding those inherently inapplicable, eg a nominated crime).