Defences

Question 1

Defences…

Answer 1

Consent
Necessity
Self-defence

Question 2

Doctors and consent…

Answer 2

• If a doctor performs an operation on a sound minded patient without consent they will be liable for battery (e.g. a caesarean) – only permitted if they lack capacity and if it is in their best interest

Question 3

Re MB

Answer 3

mother consented to caesarean but not the following accompanying operation. Held this was not a battery because she was suffering from an impairment of mental functioning (fear of needles) – courts reached this decision because if drs didn’t intervene her and the foetus would have died

Question 4

When is necessity used? What regulates when it should be used?

Answer 4

• Used in medical situations where the C is unable to consent to the operation (e.g. coma, unconscious) but there is no known objections to the surgery, doctors intervene because it is in the patients best interest.

S1 Mental Capacity Act 2005

Question 5

When will self defence be valid?

Answer 5

If D’s belief was honest and reasonable and their actions were proportionate to the force exerted against them

Question 6

Ashley v Chief Constable of West Sussex Police

Answer 6

Self defence - D’s belief must be honest and reasonable

Question 7

Cockroft v Smith

Answer 7

C ran his fingers towards D’s eyes, D biting off the end of the finger was not proportionate