Defences

Question 1

What is the test for duress and in which case was it established?

Answer 1

(a) The defendant must reasonably believe that he is threatened by someone with death or serious injury to himself or another and he himself must give way to the threats; and
(b) A person of reasonable firmness sharing the defendant’s characteristics would have given way to the way as the defendant did.

This was established in Graham. Duress and duress of circumstances cannot be used as defences to murder or attempted murder.

Question 2

What laws recognise that an individual may justifiably use force in self-defence in certain circumstances?

Answer 2

The common law and s3(1) of the Criminal Law Act 1967, the latter of which concerns use of reasonable force in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large.

Question 3

Which statute concerns self-defence in the case of householders?

Answer 3

s76 of the Criminal Justice and Immigration Act 2008

Question 4

Self-defence can be preemptive.

Answer 4

Bird

Question 5

There is a discretion in decision-making allowed in the heat of the moment.

Answer 5

Palmer

Question 6

The defendant is judged on the facts as he honestly believed them to be, even if this was unreasonable or mistaken unless this is due to voluntary intoxication (O’Grady; Hatton) or it derives from a psychiatric ailment (Martin).

Answer 6

Williams (Gladstone)

Question 7

Brown extended lawful activities where one can consent to harm to include what three things?

Answer 7

Tattooing, piercing and circumcision.

Question 8

Consent will not be valid where the realistic risk of harm is beyond transitory or trivial.

Answer 8

Emmett