General Defences

Question 1

Self Defence: requirements

Answer 1

• was the force necessary?
• was the force proportionate

Question 2

self defence: force

Answer 2

• s.76 (6A) Criminal Justice and Immigration Act 2008 - no duty to retreat, but will be considered
• s.76 CJIA 2008 - if D uses force due to mistake, D can rely on this (not intoxication)

Question 3

general defences: Competing interests

Answer 3

• victims rights - v has been assaulted for no reason
• defendants rights - D had genuine belief

Question 4

Consent: introduction

Answer 4

• Where V has consented there will be no offence - R v Donovan (1934)
• Can only consent to minor injuries - R v Brown (1993)

Question 5

Consent: real consent

Answer 5

Consent can be affected by:
* D’s identity - R v Melin
* None disclosure of a disease - R v Dica

Question 6

Consent: implied consent

Answer 6

• Courts will imply consent to minor touching of everyday life (Wilson v Pringle).
• Consent will be implied for reasonable injury in contact sports (R v Barnes).

Question 7

Duress: introduction

Answer 7

• D has been forced to commit a crime against their will due to threats
• Not a defence to murder - R v Howe
• Not a defence to attempted murder - R v Gotts.

Question 8

Duress: Imminent case

Answer 8

Threat must be imminent - R v Hammond

Question 9

Duress: threat against whom?

Answer 9

• Defendant
• Immediate family
• Someone close to them
• Person who’s safety D is responsible for.

Question 10

Duress: D must act reasonably

Answer 10

R v Graham:
*D must genuinely believe they’re at risk
*Would the reasonable person have acted in the same way.

Question 11

Duress: genuine belief

Answer 11

Relevant to genuine belief:
* Age
* Pregnancy
* Serious physical disability
* Mental illness
* Gender

Question 12

Duress: threats relating to crime

Answer 12

Must relate directly to the crime: R v Cole

Question 13

Duress: evasive action

Answer 13

Duress is only available when there is no safety: R v Gill
If police protection is possible, no defence, unless D was scared to do this: R v Hudson & Taylor.

Question 14

Duress: open to threats

Answer 14

If D has voluntarily engaged in a situation where they are more open to threats, there is no defence: R v Shepherd.

Question 15

Duress: By circumstance

Answer 15

The circumstances D found themselves in dictates the crime
Not a defence to murder/attempted murder: R v Pommell

Question 16

Duress: Necessity

Answer 16

Forces D to act to prevent worse from occurring.
Re F