general defences Flashcards
where is the definition of prevention of crime found
criminal law act 1967
what is the definition of prevention of crime
a person may use force as is reasonable in the circumstances in the prevention of crime
who defined self-defence
beckford
what is the definition of self-defence
a defendant is entitled to use reasonable force to protect himself, others for whom he is responsible and his property… it must be reasonable
where is reasonable force guidance given for self-defence
the criminal justice and immigration act 2008
what are the two guidances for reasonable force in self-defence
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
what case shows that if the danger has passed, can self-defence be used
r v hussain
what act gives a wider defence for householders
the crime and courts act 2013
what force is classed as unreasonable for householders
only “grossly disproportionate” (as opposed to (disproportionate) force will be classed as unreasonable
what three things establish a householder case
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
what case shows that householders can use more force than may be reasonable
collins v sec state for justice 2016
where is the test for genuine belief codified
criminal justice and immigration act 2008
is the defendant judged on their genuine belief
yes
can defendants use self defence if they made an unreasonable mistake
if that was a genuine belief
where was the test for mistaken use of force first seen
r v gladstone williams
what is the first part of establishing if a mistaken use of force was genuine
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
what is the second part of establishing if a mistaken use of force was genuine
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
where is the law on drunken mistakes in self-defence
a mistake made because of intoxication voids the defence
self-defence can only be used
My P THT my
do personality disorders or intoxication amount to self defence
no
in what scenario can self defence be used
protecting yourself, others or preventing crime
which statute explains what reasonable force is
criminal justice and immigration act 2008
which case showed that a sober mistake on whether force is needed can allow the defence
gladstone williams
which statute shows there is no duty to retreat (to fly instead of fight)
laspo 2012
which case showed there is no duty to retreat
r v bird
define duress by threat
threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance
where does the definition of duress by threat come from
attorney general v whelan
what can duress by threat not be used for
murder
attempted murder
treason
attorney general v whelan
threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance
what kind of threat must it be to use duress
serious harm or death
who must the threat be directed towards for duress
the defendant, a partner or a family member
what case establishes the kind of threat it must be for duress
r v valderrama-vega
what case created tests for duress by threat
r v graham
what was the two stage test from r v graham
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
what is the first test of r v graham
was d compelled to act because of a reasonable belief to fear death or serious injury
what is the second test of r v graham
would a sober person of reasonable firmness in the same circumstance have responded in the same way
what case shows the belief of the threat does not have to be reasonable
r v martin
what case shows certain characteristics can be taken into account for deciding if reasonable
r v bowen
what are characteristics given in bowen which may help decide
pregnancy
disability
mental illness
gender
what mustn’t there be to use duress by threat
an avenue of safe escape
what case shows there mustn’t be an avenue of safe escape
r v hudson and taylor
is police protection classed as a safe escape
no
what three things must a threat be for duress
must be imminent peril
peril must operate on mind in act
execution of threat may not be immediate
what case tells the three things a threat must be for duress
r v abdul hussain
what must the threat be to commit for duress
a specific offence and it must not be vauge
what case shows a threat must be to commit a specific offence under duress
r v cole
what case shows you cant use duress after joining a gang
r v sharp
what case shows you cant use duress after willingly involving in organised crime
r v shepherd
what case shows you cant use duress after involving with dangerous individuals
r v hasan
what is necessity
someone has no option but to act to avoid further evil
what are three case examples of necessity
re a
herald of free enterprise
r v dudley and stephens
why was it not held do be necessary to kill the youngest victim
because it wasn’t more necessary for him to die than any others
why is the conclusion in herald different from dudley and stephens
it was a specific man who would have caused all the deaths
why was the operation in re a deemed necessary
it would benefit both the twins and present further evil
define duress of circumstance
if, from an objective standpoint, the defendant was acting in order to avoid threat of death or serious injury
where was duress of circumstance defined
r v willer
what does duress of circumstance normally apply to
driving offences
name a driving offence which shows duress of circumstance
r v conway
what case shows what duress of circumstance is applicable to
r v pommell
what kind of threat must it be for circumstances
can be perceived
what case shows a perceived threat is enough for threat of circumstance
r v cairns
what offences can you not consent to
murder
why is consent not usually raised in theft cases
a belief of consent is written under dishonesty in the theft act 1968
why is consent difficult to establish in cases involving death
consent is usually verbal or implied
why can you not use consent for deaths
euthanasia is illegal
can you use consent for dangerous acts leading to death
you can use consent to acts which lead to the death, as long as they are not unlawful;
which case shows you can consent to dangerous acts leading to a death
r v slingsby
what is the verdict if v does not consent to a dangerous act
murder or unlawful act manslaughter
what must be established to show if a crime is murder or uam
whether or not there is intent of death or gbh
what are the two cases which show inconsistent law on consent to minor injuries
r v wilson
r v brown
what case showed you can consent to minor injury if in the privacy of own home
r v wilson
what case shows you cant consent to minor injury even if in the privacy of your own home
r v brown
who outlined the circumstances in which you can consent to minor injuries
ag ref no6 of 1980
what are the circumstances where you can consent to minor injury
properly conducted sports
lawful correction
reasonable surgical interference
dangerous exhibitions
etc
what is the basis of judging consent to minor injuries and why
case to case basis
the law is not exhaustive
can consent be implied
yes
what are examples of circumstances where consent is implied
jostling, hand shaking, football tackling
what case shows jostling implies consent
wilson and pringle
what injuries are not consented to within football
intentional infliction of injury
outside of play
off the ball injury
outside pf the rules
what case showed the line drawn between consented injury and not in football
r v barnes
what is real consent
full consent which is not based on deception
what does r v tabassum say about deception in consent
consent in such cases does not exist at all because the act consented to is not done
what does r v dugboja say about consent
consent from fear is not real
can you consent to unknown risks
no
that are examples of unknown risks
communicable diseases
what case shows you cant consent to unknown risks
r v dica
what case shows herpes is a communicable disease
r v golding
what case shows you can use consent for genuine beliefs
r v aitken
where is attempt in statute
the criminal attempts act 1981
what is attempt defined as
someone who tries commit a crime but fails for whatever reason
what case defines consent
r v white
r v white
attempt is someone who tries commit a crime but fails for whatever reason
what is the mens rea of attempt
with the intention to commit a full offence
what is the actus reus of attempt
intent to commit if x is present
what is meant by more than merely preparatory
doing more than preparing, not just buying a gun but aiming/firing it
r v gullefer
jumped on a racetrack to get money back, not convicted
r v geddes
found in boys toilets with knife, rope and tape but didn’t speak, not convicted
what case shows that having the things to commit a crime does not class as more than preparatory
r v geddes
ag ref 1 1992
forced girl into shed and removed clothes but couldn’t rape, convictedwh
what case shows that undressing someone is more than merely preparatory
ag ref 1 1992
r v campbell
stopped with a fake gun and note outside the shop but hadn’t entered, not convicted
what case shows you are not guilty of attempt if you haven’t entered the building
r v campbekk
r v boyle and boyle attempt
standing beside a door where lock and hinge had been broken, convictefwh
what case shows that breaking a lock to get inside is seen as more than preparatory
r v boyle and boyle, r v totsi
r v totsi
seen outside with metal breaking equipment
r v jones
gun was knocked out of her hands, convicted
which case shows you can be guilty if attempt if the weapon was knocked out of hands
r v jones
what are the tests set out in geddes
had d moved from planning to implementation and excecution
had d done an act to show he was trying to commit the offence
what case established conditional intent can be used for attempt
af ref land of 1979
what is the intention for attempted murder
intent to kill, higher than the intention needed for murder
what case shows recklessness is not enough for attempt
r v millard and vernon
r v millard and vernon
recklessness is not enough for attempt
attorney general ref 3 of 1993
if part of the offence is specific intent this is enough
what case shows that is part of the offence is specific intent this is enough for attempt
attorney general ref 3 of 1993
what is attempting the impossible
having intent to commit wrongdoing, believe you are going to/are doing it even if your not
where is attempting the impossible defined
criminal attempts act 1981
r v shivpuri
thought the suitcase he took was full of drugs, convicted of attempt
what case showed you can be guilty of attempt if the facts had been as v believed them
r v shivpuri
