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#Law crime and legal s > #Exam 1 (2)- general defences > Flashcards

#Exam 1 (2)- general defences Flashcards

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1
Q

What are the general defences

A 
Self defence 
Duress by threats 
Duress of circumstances 
Necessity 
Consent
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2
Q

What is self defence

A

Using force to defend oneself or to defend another

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3
Q

What must the degree of force be

A

The person acting in that way may not have been able to measure correctly the amount of force used, however, they most have honestly and instinctively thought the amount of force was correct

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4
Q

Which act sets out a definition of reasonable force

A

The criminal justice and immigration act 2008

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5
Q

What does R v Hussain show

A

Can’t use self defence if original danger is over

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6
Q

What do householder cases show

A

Give wider protection to those who are for example burgled and use force against an intruder

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7
Q

What does section 76 of the crime and courts act 2013 state about house holder cases

A

Only regarded unreasonable if “grossly disproportionate”
Must be in house or dwelling
D must be trespasser and d must believe V to be trespasser

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8
Q

What does Collins v Secretary of State for justice show

A

Courts have discretion to look and house holder cases individually

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9
Q

What did R v Gladstone and Williams show

A

That someone should be judged on what they genuinely believed was happening even if it was a mistake

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10
Q

Drunken mistakes aren’t covered because

A

It is unfair to allow someone to use self defence if their mistaken belief is caused by drink and drugs

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11
Q

Evaluation of self defence what are the main points

A

Is force necessary- r v bird
Does not protect victims from violence against them for mistakes
Is it necessary to wait for a preemptive strike
Hard to see whether force was excessive
Can’t use mental illness

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12
Q

What is duress

A

When you are forced to commit a crime

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13
Q

What does R v Howe show

A

Duress can’t be used as excuse for murder

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14
Q

What does R v Wilson show

A

Even young impressionable people can’t use duress as a defence for murder

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15
Q

Is duress available for attempted murder+case

A

No it cant be used - R v gotts

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16
Q

Does the threat have to be aimed at the person

A

No it can be friends or immediate family ( it has been questioned whether a stranger could even work )

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17
Q

What does r v valderrama vega show

A

Cumulative threats are enough for duress

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18
Q

What tests do we use for duress

A

Subjective-good reason to fear death or serious injury

Objective-would a sober person who was the same act similarly

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19
Q

What does R v Martin show

A

Mental illness which may affect whether something is considered a threat can be taken into account in the subjective test

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20
Q

What is taken into account under the objective test

A 
Age 
Pregnancy 
Serious physical disability 
Recognised mental illness
Gender
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21
Q

When can’t duress be used

A

When there is a “safe avenue of escape”

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22
Q

What does R v Hudson and Taylor

A

That even sometimes being in police protection the defendant still believes they may come to harm

23
Q

What does duress need to be

A

Either be immediate or imminent in the sense that it is hanging over them ( r v Abdul- Hussain)

24
Q

What must the threat be

A

It must be a threat to commit a specific offence

25
Q

What happened in R v Cole

A

Man threatened to repay back money he owed, he robs banks- could not use as not forced to commit a crime

26
Q

What is self induced duress

A

When d puts them self In a situation where they would likely be put under duress
Eg joining a criminal gang

27
Q

What cases show examples of self induced duress

A

R v hasan- associated with criminals
R v sharp- gang where he was made to do robberies
R v shepherd- allowed appeal because the gang wasn’t violent to begin with

28
Q

What is duress by circumstances

A

You are under duress from circumstances you are in not from threats

29
Q

What happened in R v willer

A

Mans car surrounded by youths, drives on pavement to get away so gets charged with reckless driving

30
Q

How are r v Conway and willer similar

A

Both drived recklessly to escape a danger

31
Q

What happened in r v Martin

A

Wife acts hysterically and said she would kill herself if her husband didn’t drive her son to work- duress allowed

32
Q

What happened in r v pommell / why is it important

A

Showed that duress could be used for offences which aren’t driving - man with machine gun was going to hand it to the police

33
Q

Evaluation of duress of threats and duress of circumstances

A

Unavailable for murder
No allowances for low iq
Police protection
Proposals for reform

34
Q

what is necessity

A

that a crime should be committed in order to prevent a greater evil

35
Q

what does R v Dudley and Stephens show

A

that Necessity is seen as duress of circumstances in criminal- ie not used for the crime of murder

36
Q

which two cases show necessity use in civil cases

A

Re F- sterilise the girl who was extremely mentally ill

Re A- conjoined twins allowed to be separated even though one would die

37
Q

what was showed in R v Shayler

A

disclosing secrets under the official secrets act is not necessity

38
Q

evaluation of necessity

A

necessity needs to be changed to allow emergency service drivers a defence for driving offences
Re A shows that evil need not be directed at the people involved
difference to duress of circumstances as murder was allowed in Re A.

39
Q

what crime is consent not allowed for

A

murder

40
Q

which case shows that there can’t be battery if force is lawful

A

R V Donovan- man cained girl for sexual gratification however she consented

41
Q

what case shows consent can be used for manslaughter

A

R v slingsby- man anally fisting women causes small cuts and she dies of infection - not unlawful act as battery was consented too

42
Q

what must consent be

A

consent must be real consent

43
Q

what happened in R v Olugboja

A

woman is raped, and her friend is raped by another man, the men swap and the V ‘ submits’ . d tries to argue consent jury decided it was not true consent

44
Q

what happened in R v dica

A

ordeered a retrial to look at the consent of HIV infection

45
Q

what happened in R v Golding

A

D was shown to recklessly give someone the herpes virus. shows you must tell people about any STIs you have

46
Q

what does R v Barnes show

A

when taking part in sport you consent to the injuries

47
Q

what does R V Brown show

A

the men with fishooks case

covicted of ABH and GBH upheld even when there consent as it protects society from violent behaviour

48
Q

why was R V Brown criticised

A

because in R V Wilson the couple needed medical attention for the branding yet courts held it should not interefere with a couples consented behaviour

49
Q

why is R v Jones criticised

A

Allows for mistaken belief in consent even though the young boy ended up with a broken arm and ruptured spleen- unfair on V.

50
Q

how was R v Aitken similar to Jones

A

RAF officers set someone on fire as a ritual, goes wrong and man is covered on 35% burns

51
Q

what are the main reasons for the need of consent

A

sport and medical procedures

52
Q

evaluate the law on consent

A

brown and wilson- contradict- unfair- homosexuals
emmett may suggest courts also impose on heterosexual couples
horseplay accepted even when serious injury taken into account
consent and euthanasia

53
Q

R (pretty) v DPP 2001

A

courts do not allow assissted suicide- you must kill yourself

54
Q

R (Nicklinson) v MOJ 2014

A

courts would not allow right to die so man starved himself

#Law crime and legal s (23 decks)

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