Defences Flashcards
Self defence
A) B) C) D) E) F)
A) Threat B) Unjustified C) Reasonable to use force D) Reasonable Amount E) Defence F) Reaction
R v Hitchens
Cannot attack an innocent 3rd party to prevent an attack
R v Beckford 1988
“Circumstances may justify a pre-emptive strike”
R v Kelly (1989)
Soldier shot a driver in N.Ireland dead because he thought he was a terrorist
Pre-emptive strike
Marsh v DPP (2015)
Cannot provoke the threat, unless response was disproportionate
Reasonable force as…
…the defendant believed the circumstances to be
R v Galdstone Williams (1984)
Witnessed a man attacking a youth (who mugged him)
A person may use force as is (……..) reasonable in the circumstances he (………) believes them to be
Objectively - force
Subjectively - circumstances
R v Oye
Honestly believed he was being attacked due to illusions
However in the circumstances, this force was unjustified
Dadson principle
Have to know that it is self defence (can’t use it as an excuse)
S76 (5) Criminal Justice and Immigration Act (2008)
Allows the law to be more lenient in householder cases
“Grossly disproportionate” for the force to be unreasonable
R v Martin (2000)
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
Munir and Tokeer Hussain
Chased after burglar, caused GBH, went beyond self defence
Andy and Tracy Terrie (2012)
Farm owners shot burgalrs
Case dropped due to reasonable self defence
- Fear of opening up the law to extrajudicial killings
What is involuntary intoxication?
D is unaware of the intoxication
R v Bailey (1983)
Did not know how to use insulin correctly
Became hypoglycemic and violent
It was involuntary intoxication, no MR
R v Hardie
Took friends anxiety medication, couldn’t have foreseen the adverse result
R v Allen (1988)
Didn’t realise the strength of his wine
Was still voluntary
Sexual harassment basic intent (unable to rely on MR)
R v Kingston (1995)
The defendant had peadophilic tendencies
Was drugged and unable to control them
‘A drunk intent is still intent’
R v Lipman (1970)
On LSD, believed he was being attacked by snakes
He killed a girl
He didn’t have intent to kill
Dutch Courage
Drinking to gain confidence
DPP v Majewski (1977)
Assault when on drugs
Basic intent - no need to prove MR
R v Woods (1982)
Rape is a crime of basic intent
Rape is a crime of basic intent
R v Woods (1982)
Assault when on drugs
Basic intent - no need to prove MR
DPP v Majewski (1977)
Drinking to gain confidence
Dutch Courage
On LSD, believed he was being attacked by snakes
He killed a girl
He didn’t have intent to kill
R v Lipman (1970)
The defendant had peadophilic tendencies
Was drugged and unable to control them
‘A drunk intent is still intent’
R v Kingston (1995)
Didn’t realise the strength of his wine
Was still voluntary
Sexual harassment basic intent (unable to rely on MR)
R v Allen (1988)
Took friends anxiety medication, couldn’t have foreseen the adverse result
R v Hardie
Did not know how to use insulin correctly
Became hypoglycemic and violent
It was involuntary intoxication, no MR
R v Bailey (1983)
Farm owners shot burgalrs
Case dropped due to reasonable self defence
- Fear of opening up the law to extrajudicial killings
Andy and Tracy Terrie (2012)
Chased after burglar, caused GBH, went beyond self defence
Munir and Tokeer Hussain
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
R v Martin (2000)
Allows the law to be more lenient in householder cases
“Grossly disproportionate” for the force to be unreasonable
S76 (5) Criminal Justice and Immigration Act (2008)
Have to know that it is self defence (can’t use it as an excuse)
Dadson principle
Honestly believed he was being attacked due to illusions
However in the circumstances, this force was unjustified
R v Oye
Witnessed a man attacking a youth (who mugged him)
R v Gladstone Williams (1984)
Cannot provoke the threat, unless response was disproportionate
Marsh v DPP (2015)
Soldier shot a driver in N.Ireland dead because he thought he was a terrorist
Pre-emptive strike
R v Kelly (1989)
“Circumstances may justify a pre-emptive strike”
R v Beckford 1988
Cannot attack an innocent 3rd party to prevent an attack
R v Hitchens
