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Criminal Law > Defences > Flashcards

Defences Flashcards

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1
Q

Self defence

A)
B)
C)
D)
E)
F)
A 
A) Threat 
B) Unjustified 
C) Reasonable to use force 
D) Reasonable Amount 
E) Defence 
F) Reaction
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2
Q

R v Hitchens

A

Cannot attack an innocent 3rd party to prevent an attack

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3
Q

R v Beckford 1988

A

“Circumstances may justify a pre-emptive strike”

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4
Q

R v Kelly (1989)

A

Soldier shot a driver in N.Ireland dead because he thought he was a terrorist
Pre-emptive strike

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5
Q

Marsh v DPP (2015)

A

Cannot provoke the threat, unless response was disproportionate

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6
Q

Reasonable force as…

A

…the defendant believed the circumstances to be

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7
Q

R v Galdstone Williams (1984)

A

Witnessed a man attacking a youth (who mugged him)

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8
Q

A person may use force as is (……..) reasonable in the circumstances he (………) believes them to be

A

Objectively - force

Subjectively - circumstances

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9
Q

R v Oye

A

Honestly believed he was being attacked due to illusions

However in the circumstances, this force was unjustified

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10
Q

Dadson principle

A

Have to know that it is self defence (can’t use it as an excuse)

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11
Q

S76 (5) Criminal Justice and Immigration Act (2008)

A

Allows the law to be more lenient in householder cases

“Grossly disproportionate” for the force to be unreasonable

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12
Q

R v Martin (2000)

A

Farm owner shot 2 men who were burgling his estate
Before the reform of the law; he was sent to prison
However his conviction was quashed to manslaughter due to diminished responsibility

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13
Q

Munir and Tokeer Hussain

A

Chased after burglar, caused GBH, went beyond self defence

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14
Q

Andy and Tracy Terrie (2012)

A

Farm owners shot burgalrs
Case dropped due to reasonable self defence
- Fear of opening up the law to extrajudicial killings

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15
Q

What is involuntary intoxication?

A

D is unaware of the intoxication

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16
Q

R v Bailey (1983)

A

Did not know how to use insulin correctly
Became hypoglycemic and violent
It was involuntary intoxication, no MR

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17
Q

R v Hardie

A

Took friends anxiety medication, couldn’t have foreseen the adverse result

18
Q

R v Allen (1988)

A

Didn’t realise the strength of his wine
Was still voluntary
Sexual harassment basic intent (unable to rely on MR)

19
Q

R v Kingston (1995)

A

The defendant had peadophilic tendencies
Was drugged and unable to control them
‘A drunk intent is still intent’

20
Q

R v Lipman (1970)

A

On LSD, believed he was being attacked by snakes
He killed a girl
He didn’t have intent to kill

21
Q

Dutch Courage

A

Drinking to gain confidence

22
Q

DPP v Majewski (1977)

A

Assault when on drugs

Basic intent - no need to prove MR

23
Q

R v Woods (1982)

A

Rape is a crime of basic intent

24
Q

Rape is a crime of basic intent

A

R v Woods (1982)

25
Q

Assault when on drugs

Basic intent - no need to prove MR

A

DPP v Majewski (1977)

26
Q

Drinking to gain confidence

A

Dutch Courage

27
Q

On LSD, believed he was being attacked by snakes
He killed a girl
He didn’t have intent to kill

A

R v Lipman (1970)

28
Q

The defendant had peadophilic tendencies
Was drugged and unable to control them
‘A drunk intent is still intent’

A

R v Kingston (1995)

29
Q

Didn’t realise the strength of his wine
Was still voluntary
Sexual harassment basic intent (unable to rely on MR)

A

R v Allen (1988)

30
Q

Took friends anxiety medication, couldn’t have foreseen the adverse result

A

R v Hardie

31
Q

Did not know how to use insulin correctly
Became hypoglycemic and violent
It was involuntary intoxication, no MR

A

R v Bailey (1983)

32
Q

Farm owners shot burgalrs
Case dropped due to reasonable self defence
- Fear of opening up the law to extrajudicial killings

A

Andy and Tracy Terrie (2012)

33
Q

Chased after burglar, caused GBH, went beyond self defence

A

Munir and Tokeer Hussain

34
Q

Farm owner shot 2 men who were burgling his estate
Before the reform of the law; he was sent to prison
However his conviction was quashed to manslaughter due to diminished responsibility

A

R v Martin (2000)

35
Q

Allows the law to be more lenient in householder cases

“Grossly disproportionate” for the force to be unreasonable

A

S76 (5) Criminal Justice and Immigration Act (2008)

36
Q

Have to know that it is self defence (can’t use it as an excuse)

A

Dadson principle

37
Q

Honestly believed he was being attacked due to illusions

However in the circumstances, this force was unjustified

A

R v Oye

38
Q

Witnessed a man attacking a youth (who mugged him)

A

R v Gladstone Williams (1984)

39
Q

Cannot provoke the threat, unless response was disproportionate

A

Marsh v DPP (2015)

40
Q

Soldier shot a driver in N.Ireland dead because he thought he was a terrorist
Pre-emptive strike

A

R v Kelly (1989)

41
Q

“Circumstances may justify a pre-emptive strike”

A

R v Beckford 1988

42
Q

Cannot attack an innocent 3rd party to prevent an attack

A

R v Hitchens

Criminal Law (7 decks)

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