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Criminal law > General Defences > Flashcards

General Defences Flashcards

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1
Q

what type of law is duress by threats

A

common law

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2
Q

what will the defence of duress result in

A

a full acquittal

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3
Q

what is the leading case for duress

A

Graham

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4
Q

Graham
wife, sofa, wire

A
  • wife on sofa and D’s boyfriend sees this
  • d puts wire round v neck and boyfriend tells him to pull so he does killing wife
  • no defence as duress doesnt apply for murder or attempted murder
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5
Q

what is the two part test for duress

A
  1. was D forced to act as he reasonably believed he feared death or serious injury
  2. would the sober man of reasonable firmness sharing D’s characteristics have acted the same
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6
Q

explain death/ serious injury

A
  • the threat must be of death or serious injury
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7
Q

explain aimed

A

the threat must be aimed at D or someone they are responsible for

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8
Q

Wright
smuggle, legs

A
  • asked to smuggle coccaine or else they would break bf’s legs
  • got the defence as the law was changed to include boy/girlfriends
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9
Q

explain voluntary association

A

if D is voluntary associated with the threatener could prevent the defence from working

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10
Q

Hasan
gang, money

A
  • D was friends with a gangster and tld him about a house with lots of money
  • D was threatend to go steal the money or else he would be beaten up
  • no defence as the the jury was asked if he should have seen violence
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11
Q

explain immediate

A

the threat must be immediate or almost

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12
Q

explain escape

A

if D has the chance to escape they must take it

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13
Q

explain specific

A

the threat must be specific

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14
Q

Cole
shark, bank

A
  • lone shark threatend D to et the money
  • D then went and robbed 2 banks
  • no defence as loan shark never explicitly said to rob the banks
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15
Q

explain the sober man of reasonable firmness

A

the sober man of reasonable firmness sharing D’s charachteristics must do the same

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16
Q

Bowen

A
  • D suffered from low IQ and thought he was being threatend to commit theft
  • no defence as IQ is irrelevant
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17
Q

what is duress by circumstances

A

where Dis fearing death or serious injury but it is not from a person - its their surrounding circumstances

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18
Q

what case was duress by circumstances confirmed in

A

Martin

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18
Q

Martin
son, suicide

A
  • D was disqualified from driving - wife suffered from bad mental health
  • son woke up late for work and would lose job if late. wife threatens to kill herslef if D doesn’t drive son to work
  • D drives and gets stopped
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19
Q

Conway
car, shot , panick

A
  • D’s friend is shot at in a car by a gang week prior
  • while driving together a car comes very close behind D - friend panicks so d speeds up as they think its the gang
  • car was an unmarked police car
  • gets the defence as he had to act in the situation
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20
Q

what is necessity

A

D is not threatend but is choosing to intervene to prevent greater evil

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21
Q

what are the three parts to necessity

A
  1. was it to prevent greater evil
  2. were their actions reasonable and proportionate
  3. can they identify the victim
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22
Q

Duddley and stevens

A
  • men were stranded on a boat in the ocen for days and thought they were going to die
  • they decied to eaty and kill the weakest man due to starvation
  • the day after they were found and sentecned to murder
  • later pardoned
23
Q

what will the defence of consent result in

A

full acquittal

24
Q

what is the leading case for consent

A

brown

25
Q

what are the 5 rules for consent

A
  1. consent can be expressed or implied - witten or verbal
  2. victim must be fully informed - dica
  3. consent and fraud - tabassum
  4. concent and capacity - age+capacity to know N+Q
  5. euthanasia - cannot concent
26
Q

what non fatal offences is consent automatically available for

A

Assault or Battery

27
Q

what are the 6 exceptions for consent

A
  1. contact sports
  2. surgery
  3. tattoing and branding
  4. horseplay
  5. sexual activity
  6. lawfull chastisement
28
Q

explain contact sports

A
  • on/off the ball - on consent given - off no consent
  • boxing - aslong as it abides by the queensbury rules fine
29
Q

Barnes

A
  • claimed s20 GBH
  • d said v consented as it was in a game of football and it was on the ball
  • defence given
30
Q

explain surgery

A
  • consent form given to patient/ next of kin
  • or in worst case do whats in the best interest of the patient
31
Q

can FGM be consented to

A

No

32
Q

can circumcising be consented to

A

yes as long as both parents agree

33
Q

explain tattooing and branding

A
  • cannot concent to branding
  • tattoing can be consented to aslong as V knows and understands the nature and quality
34
Q

explain horseplay

A

aslong as V appriciates the nature and quality then the defence can be given

35
Q

Jones
birthday, drop

A
  • D gave V birthday bumps
  • threw him in the ai rand dropped him
  • defence given
36
Q

explain sexual activity

A
  • Advertent- on purpose -no defence
  • Inadvertant - accidental - defence given
37
Q

explain lawful chastisement

A
  • assault and battery can be consented to
  • anything above is abuse and therfore no concent
38
Q

what can the defence of self defence result in ?

A

a full accquittal

39
Q

what law is self defence under

A
  • common law
  • clarified by S76 criminal justice and immigration act 2008
40
Q

what are the two parts to self defence

A
  1. was the force necessary
  2. was the force reasonable
41
Q

what are the 6 areas to necessary

A
  1. pre emptive strike and retreat
  2. timing
  3. intoxication
  4. genuine belief
    5.mistake
    6.aggressor
42
Q

explain pre emptive strike and retreat

A
  • pre emptive - can stike first and still get the defence - can plan for the attack to an extent
  • retreat - no duty to retreat
43
Q

Bird
party,glass

A
  • ex showed up at birthday party and an argument started
  • v threw d against the wall so d threw a glass gouging v’s eye out
  • defence given as d had no duty to retreat
44
Q

explain timing

A

the threat must be imminent or in the near future

45
Q

explain intoxication

A
  • not relevant
  • use the defence of intoxication instead
46
Q

explain genuine belief

A
  • based on D’s genuine belief of what the threat was
  • mental health is considered
47
Q

explain mistake

A

if D makes a mistake the defence can still succseed

48
Q

explain agressor

A

if D starts the fight and V used unreasonable force, then D can retaliateand get defence

49
Q

Rashford

A
  • D stabbed a uy to death multiple times to teach v a lesson
  • no defence as it wasn’t in self defence
50
Q

what are the 3 areas to reasonable

A
  • reasonable - must be reasonable but no definition
  • excessive - automatically fails
  • mental health - not taken into account
51
Q

Martin

A
  • lived on a farm and had been burgled previously
  • shot one person in the back killing him
  • no defence as shot v in back when he was leaving no danger
52
Q

what does S43 of the crime and courts act 2013 say about household cases

A
  • if danger comes int oyour home you can use dispropartionate force
  • has to be in the ‘heat of the moment’
53
Q

AO3 evaluation
all or nothing

A

d recives a full acquittal or the full charge - no inbertween - should be a partial acquittal ?

54
Q

A03 evaluation
psychological conditions

A

part 1 includes mental health but not in part 2
unfair as mental health could affect what D believes to be reasonable

55
Q

AO3 evaluation
reasonable force

A
  • no defenition - causing variety in jury’s decisions
  • ‘heat of the moment’ - people don’t stop and concider whether their actions are reasonable when defending themselfs, family, property
56
Q

AO3 evaluation
household cases

A

has been updated in 2013 to allow home owners to use disproportionate force

Criminal law (6 decks)

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