Defences

Question 1

Conditions of self defence

Answer 1

1: must be in immediate danger
2: no opportunity to escape
3: force must be proportionate (Doherty)

Question 2

Pollock v Hma

Answer 2

Facts
Thinks girlfriend is going to be attacked and rapped by a guy with a knife
Repeatedly stamps on victims head

Held:
Not self defence as force not proportionate so doesn’t qualify criteria’s
But meets provocation criteria

Question 3

Boyle v HMA

Answer 3

Facts:

Part of mob attacks opponents claiming it was self defence

Question 4

Provocation

Criteria’s:

Answer 4

1: provocation must be recognised
2: must be immediate loss of control
3: must be proportionate to what the ordinary man would do o

Question 5

Gillion V HMA

Answer 5

Facts:
Hits victim in head with spade repeatedly after victim tries to hit him with it

Held:
Yes there was provocation but force was to excessive

Question 6

Drury v HMA

Land mark case

Answer 6

Facts:
Girlfriend has an affair , attack’s and kills her with a hammer appeals that there was no intention for wicked recklessness so cannot be murder

Held:
Was wicked intention as injuries brutal and force excessive

Question 7

Rutherford V HMA

Answer 7

Facts:
Couple split after being told of infidelity , second time told of infidelity man Rutherford reacts

Held:
Doesn’t not meet second criteria as loss of self control was not immediate =murder

Question 8

McKay

Answer 8

States adulteration must be clear

Question 9

Automatism criteria’s

Answer 9

1:must not be self induced
2: results of involuntary actions which could not be forseen
If success = Aquital or lesser sentence o

Question 10

Ross V HMA

LAND MARK CASE

Answer 10

LMC=first time factors other than mental illness recognised as automatism
Facts: Ross spiked at a party displays bizzare characteristics , stabs people

Held: based on Cunningham can’t be pled
Appeal Held: miscarriage of justice as involuntary actions of drugs led to behaviour couldn’t be forseen
No MR= squashed

Question 11

Ebsworth v HMA

Answer 11

Facts: hurt leg so takes lots of painkillers and black market drugs
Commits multiple offences including assault

Held: cannot he pled as actions were voluntary , self induced state excessive consumption = reckless to consequences

Question 12

McGregor v HMA

Answer 12

Prescribed drugs taken properly effects cannnot be forseen

Question 13

Mental disorder / deminished responsibility

Criteria’s:

Answer 13

1: must be suffering with mental disorder( as stated s51.A) at the time
2: has no MR because of such disorder
3: if successful =aquital but may result in medical treatment programmes

Question 14

Mental disorder

Answer 14

AR admitted but MR denied

Special defence on balance of probability that actions were caused by abnormality of mind

Question 15

Necessity criteria’s

Answer 15

1: must be in immediate danger
2: no other reasonable action(moss v howdle)
3: reasonable prospects of removing danger
4: threat must be so ordinary person would take same actions

Question 16

Moss V Howdle

Answer 16

Facts:
Passenger screams in pain so driver speed up 
Held: not necessity as
Other cause of actions by pulling over
No immediate danger as was just cramp

Question 17

Dudley v Stephens

Answer 17

On exhibition and killed friend and ate him who was gonna die anyway

Question 18

Dawson v Dickson

Answer 18

Off duty firefighter moved fire truck out of the way of ambulance but was over the limit

Question 19

Coercion =accused compelled

Criteria’s;

Answer 19

1:immediate threat of serious harm
2:threat extensive similar person must do the same
3:accuses must not risk being subject to coercion
Set In Thomson v hma

Question 20

Coercion defence to murder ?

Answer 20

Don’t really know:

Colin’s v hma = no because of sanctity of life

Question 21

Self defence v provocation

Answer 21

Self defence :
Outright aquital if successful
Violence must be last resort

Provocation:
No need to escape
Sentence reduced