General Defences Flashcards
R v Williams (SD)
D may be mistaken in their belief that force was necisary
R v Press and Tompson (SD)
A genuine but delusional belif will be cosnidered
R v Hatton (SD)
Intoxicated mistake - no defense
R v Hussain (SD)
D not in iminent danger at time.
Beckford v The Queen (SD)
D need not wait to be attacked.
ATg’s ref No.2 1985 (SD)
May have provoked the attcak - so long as it was not in order to ‘incite violence’
R v Rashford (SD)
Prepared Defense still self-defense.
R v Bird (SD)
No duty to retreat.
S43 Crime and Courts Act 2013
Housholders may use disproportionate force so long as it is not disproportionate.
Collins (SD)
1) Was the degree of force grossly disproportionat?
2) Was the force used reasonable based on the Circumstances?
R v Graham (DoT)
1) believed he faced a risk of death or personal injury.
2) a areasonable person i nthe same circumstances woul dhave responded in the same way.
R v Valderama-Vegas (Dot)
threat to reveal personal information is not sufficient.
R v Cole (DoT)
Must commit offence as nominated by the Duresssor.
R v Hassan (DoT)
Threat must be unavioudable ‘any deley will be deteremental’ + no deffense due to voluntary association.
R v Gill (DoT)
No defence as sade avenue for escape.
