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LAW 1&2 > general defences > Flashcards

general defences Flashcards

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1
Q

where is the definition of prevention of crime found

A

criminal law act 1967

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2
Q

what is the definition of prevention of crime

A

a person may use force as is reasonable in the circumstances in the prevention of crime

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3
Q

who defined self-defence

A

beckford

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4
Q

what is the definition of self-defence

A

a defendant is entitled to use reasonable force to protect himself, others for whom he is responsible and his property… it must be reasonable

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5
Q

where is reasonable force guidance given for self-defence

A

the criminal justice and immigration act 2008

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6
Q

what are the two guidances for reasonable force in self-defence

A

person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of necessary actions
that evidence of a person’s having only done what they person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken

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7
Q

what case shows that if the danger has passed, can self-defence be used

A

r v hussain

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8
Q

what act gives a wider defence for householders

A

the crime and courts act 2013

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9
Q

what force is classed as unreasonable for householders

A

only “grossly disproportionate” (as opposed to (disproportionate) force will be classed as unreasonable

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10
Q

what three things establish a householder case

A

the force is used by d while in or partly in a dwelling
d is not himself a trespasser
d believed v to be a trespasser

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11
Q

what case shows that householders can use more force than may be reasonable

A

collins v sec state for justice 2016

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12
Q

where is the test for genuine belief codified

A

criminal justice and immigration act 2008

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13
Q

is the defendant judged on their genuine belief

A

yes

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14
Q

can defendants use self defence if they made an unreasonable mistake

A

if that was a genuine belief

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15
Q

where was the test for mistaken use of force first seen

A

r v gladstone williams

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16
Q

what is the first part of establishing if a mistaken use of force was genuine

A

the question of whether the degree of force used by d was reasonable in the circumstances is to be decided by reference to the circumstances as d believed

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17
Q

what is the second part of establishing if a mistaken use of force was genuine

A

if d claims to have held a particular belief
a) the reasonableness of the belief is relevant to whether d genuinely believed it
b) but if it is determined that D did hold it, they are entitled to rely on it whether or not it was a mistake over whether or not it was a reasonable mistake

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18
Q

where is the law on drunken mistakes in self-defence

A

a mistake made because of intoxication voids the defence

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19
Q

self-defence can only be used

A

My P THT my

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20
Q

do personality disorders or intoxication amount to self defence

A

no

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21
Q

in what scenario can self defence be used

A

protecting yourself, others or preventing crime

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22
Q

which statute explains what reasonable force is

A

criminal justice and immigration act 2008

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23
Q

which case showed that a sober mistake on whether force is needed can allow the defence

A

gladstone williams

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24
Q

which statute shows there is no duty to retreat (to fly instead of fight)

A

laspo 2012

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25
Q

which case showed there is no duty to retreat

A

r v bird

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26
Q

define duress by threat

A

threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance

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27
Q

where does the definition of duress by threat come from

A

attorney general v whelan

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28
Q

what can duress by threat not be used for

A

murder
attempted murder
treason

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29
Q

attorney general v whelan

A

threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance

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30
Q

what kind of threat must it be to use duress

A

serious harm or death

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31
Q

who must the threat be directed towards for duress

A

the defendant, a partner or a family member

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32
Q

what case establishes the kind of threat it must be for duress

A

r v valderrama-vega

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33
Q

what case created tests for duress by threat

A

r v graham

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34
Q

what was the two stage test from r v graham

A

was d compelled to act because of a reasonable belief to fear death or injury
would a sober person of reasonable firmness in the same circumstance have responded in the same way

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35
Q

what is the first test of r v graham

A

was d compelled to act because of a reasonable belief to fear death or serious injury

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36
Q

what is the second test of r v graham

A

would a sober person of reasonable firmness in the same circumstance have responded in the same way

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37
Q

what case shows the belief of the threat does not have to be reasonable

A

r v martin

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38
Q

what case shows certain characteristics can be taken into account for deciding if reasonable

A

r v bowen

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39
Q

what are characteristics given in bowen which may help decide

A

pregnancy
disability
mental illness
gender

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40
Q

what mustn’t there be to use duress by threat

A

an avenue of safe escape

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41
Q

what case shows there mustn’t be an avenue of safe escape

A

r v hudson and taylor

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42
Q

is police protection classed as a safe escape

A

no

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43
Q

what three things must a threat be for duress

A

must be imminent peril
peril must operate on mind in act
execution of threat may not be immediate

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44
Q

what case tells the three things a threat must be for duress

A

r v abdul hussain

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45
Q

what must the threat be to commit for duress

A

a specific offence and it must not be vauge

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46
Q

what case shows a threat must be to commit a specific offence under duress

A

r v cole

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47
Q

what case shows you cant use duress after joining a gang

A

r v sharp

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48
Q

what case shows you cant use duress after willingly involving in organised crime

A

r v shepherd

49
Q

what case shows you cant use duress after involving with dangerous individuals

A

r v hasan

50
Q

what is necessity

A

someone has no option but to act to avoid further evil

51
Q

what are three case examples of necessity

A

re a
herald of free enterprise
r v dudley and stephens

52
Q

why was it not held do be necessary to kill the youngest victim

A

because it wasn’t more necessary for him to die than any others

53
Q

why is the conclusion in herald different from dudley and stephens

A

it was a specific man who would have caused all the deaths

54
Q

why was the operation in re a deemed necessary

A

it would benefit both the twins and present further evil

55
Q

define duress of circumstance

A

if, from an objective standpoint, the defendant was acting in order to avoid threat of death or serious injury

56
Q

where was duress of circumstance defined

A

r v willer

57
Q

what does duress of circumstance normally apply to

A

driving offences

58
Q

name a driving offence which shows duress of circumstance

A

r v conway

59
Q

what case shows what duress of circumstance is applicable to

A

r v pommell

60
Q

what kind of threat must it be for circumstances

A

can be perceived

61
Q

what case shows a perceived threat is enough for threat of circumstance

A

r v cairns

62
Q

what offences can you not consent to

A

murder

63
Q

why is consent not usually raised in theft cases

A

a belief of consent is written under dishonesty in the theft act 1968

64
Q

why is consent difficult to establish in cases involving death

A

consent is usually verbal or implied

65
Q

why can you not use consent for deaths

A

euthanasia is illegal

66
Q

can you use consent for dangerous acts leading to death

A

you can use consent to acts which lead to the death, as long as they are not unlawful;

67
Q

which case shows you can consent to dangerous acts leading to a death

A

r v slingsby

68
Q

what is the verdict if v does not consent to a dangerous act

A

murder or unlawful act manslaughter

69
Q

what must be established to show if a crime is murder or uam

A

whether or not there is intent of death or gbh

70
Q

what are the two cases which show inconsistent law on consent to minor injuries

A

r v wilson
r v brown

71
Q

what case showed you can consent to minor injury if in the privacy of own home

A

r v wilson

72
Q

what case shows you cant consent to minor injury even if in the privacy of your own home

A

r v brown

73
Q

who outlined the circumstances in which you can consent to minor injuries

A

ag ref no6 of 1980

74
Q

what are the circumstances where you can consent to minor injury

A

properly conducted sports
lawful correction
reasonable surgical interference
dangerous exhibitions
etc

75
Q

what is the basis of judging consent to minor injuries and why

A

case to case basis
the law is not exhaustive

76
Q

can consent be implied

A

yes

77
Q

what are examples of circumstances where consent is implied

A

jostling, hand shaking, football tackling

78
Q

what case shows jostling implies consent

A

wilson and pringle

79
Q

what injuries are not consented to within football

A

intentional infliction of injury
outside of play
off the ball injury
outside pf the rules

80
Q

what case showed the line drawn between consented injury and not in football

A

r v barnes

81
Q

what is real consent

A

full consent which is not based on deception

82
Q

what does r v tabassum say about deception in consent

A

consent in such cases does not exist at all because the act consented to is not done

83
Q

what does r v dugboja say about consent

A

consent from fear is not real

84
Q

can you consent to unknown risks

A

no

85
Q

that are examples of unknown risks

A

communicable diseases

86
Q

what case shows you cant consent to unknown risks

A

r v dica

87
Q

what case shows herpes is a communicable disease

A

r v golding

88
Q

what case shows you can use consent for genuine beliefs

A

r v aitken

89
Q

where is attempt in statute

A

the criminal attempts act 1981

90
Q

what is attempt defined as

A

someone who tries commit a crime but fails for whatever reason

91
Q

what case defines consent

A

r v white

92
Q

r v white

A

attempt is someone who tries commit a crime but fails for whatever reason

93
Q

what is the mens rea of attempt

A

with the intention to commit a full offence

94
Q

what is the actus reus of attempt

A

intent to commit if x is present

95
Q

what is meant by more than merely preparatory

A

doing more than preparing, not just buying a gun but aiming/firing it

96
Q

r v gullefer

A

jumped on a racetrack to get money back, not convicted

97
Q

r v geddes

A

found in boys toilets with knife, rope and tape but didn’t speak, not convicted

98
Q

what case shows that having the things to commit a crime does not class as more than preparatory

A

r v geddes

99
Q

ag ref 1 1992

A

forced girl into shed and removed clothes but couldn’t rape, convictedwh

100
Q

what case shows that undressing someone is more than merely preparatory

A

ag ref 1 1992

101
Q

r v campbell

A

stopped with a fake gun and note outside the shop but hadn’t entered, not convicted

102
Q

what case shows you are not guilty of attempt if you haven’t entered the building

A

r v campbekk

103
Q

r v boyle and boyle attempt

A

standing beside a door where lock and hinge had been broken, convictefwh

104
Q

what case shows that breaking a lock to get inside is seen as more than preparatory

A

r v boyle and boyle, r v totsi

105
Q

r v totsi

A

seen outside with metal breaking equipment

106
Q

r v jones

A

gun was knocked out of her hands, convicted

107
Q

which case shows you can be guilty if attempt if the weapon was knocked out of hands

A

r v jones

108
Q

what are the tests set out in geddes

A

had d moved from planning to implementation and excecution
had d done an act to show he was trying to commit the offence

109
Q

what case established conditional intent can be used for attempt

A

af ref land of 1979

110
Q

what is the intention for attempted murder

A

intent to kill, higher than the intention needed for murder

111
Q

what case shows recklessness is not enough for attempt

A

r v millard and vernon

112
Q

r v millard and vernon

A

recklessness is not enough for attempt

113
Q

attorney general ref 3 of 1993

A

if part of the offence is specific intent this is enough

114
Q

what case shows that is part of the offence is specific intent this is enough for attempt

A

attorney general ref 3 of 1993

115
Q

what is attempting the impossible

A

having intent to commit wrongdoing, believe you are going to/are doing it even if your not

116
Q

where is attempting the impossible defined

A

criminal attempts act 1981

117
Q

r v shivpuri

A

thought the suitcase he took was full of drugs, convicted of attempt

118
Q

what case showed you can be guilty of attempt if the facts had been as v believed them

A

r v shivpuri

119
Q
A

LAW 1&2 (14 decks)

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