Defences

Question 1

When is a person entitled to self-defend? Which judge said this in which case?

Answer 1

When a person is under a potential lethal attack he may defend himself per Lord Rodger (Ashley v Chief Constable of Sussex).

Question 2

For the apprehension of lethal danger is it an objective standard or a subjective one? Does this differ from criminal vs private law?

Answer 2

For private law it is objective while for criminal it is subjective.

Question 3

Which case illustrates how much violence is allowed to be used? What does it say?

Answer 3

Violence could be returned with necessary violence but not in excess (Revill v Newberry).

Question 4

How many defenses are given in this course? What are they?

Answer 4

1) Self-defense; 2) Consent; 3) Lawful arrest/prevention of crime; 4) Interference based on public interest; 5) statutory authority; 6) Necessity; 7) Paternalistic interference.

Question 5

What is the leading case that illustrates consent?

Answer 5

(Chatterton v Gerson).

Question 6

What is the defense of lawful arrest/prevention of crime about?

Answer 6

Police can interfere with bodily integrity if it is for the prevention of crime or for investigation of a crime if you’re under arrest.

Question 7

What case illustrates lawful arrest/prevention of crime?

Answer 7

(Davidson v Chief Constable of North Wales).

Question 8

What’s the act that illustrates interference based on public interest?

Answer 8

Prison Act 1952.

Question 9

What’s the statutory authority defense about?

Answer 9

If the defendant trespassed (bodily integrity) under a statutory right to do so then it applies as a defense.

Question 10

When does paternalistic interference apply?

Answer 10

1) When someone doesn’t have the capacity to consent; 2) according to the Mental Capacity Act 2005.

Question 11

What are the principles of the Mental Capacity Act 2005?

Answer 11

1) A person must be assumed to have capacity until otherwise proven; 2) He should only be deemed incapacitated when all measures that help him make a decision have been exhausted; 3) unwise decisions don not make the person incapacitated.

Question 12

What is defined as ‘best interests’ for the purpose of the Mental Capacity Act 2005.

Answer 12

Negative definition - a decision that’s not ruled by either a) the person’s age or appearance; or b) a condition, or aspect of behavior of his.

Question 13

What case illustrates unjustified paternalistic interference and what are the facts briefly?

Answer 13

(ZH) - autistic kid stares at water gets jumped by 7 cops.