General Defences Flashcards
What are general defences in criminal law and how do they differ from other defences?
General defences are complete defences acknowledging AR and MR but argue D should not be held criminally liable.
Unlike denials (e.g., mistake) or partial defences (e.g., diminished responsibility), general defences can justify or excuse D’s actions entirely
What is the difference between a justification and an excuse in criminal defences
A justification argues D’s act was not wrongful (e.g., self-defence), whereas an excuse admits the act was wrongful but claims D wasn’t blameworthy (e.g., duress)
What are the legal bases for private and public self-defence?
Private defence: Common law – defence of self, others, or property
Public defence: Statutory under s.3 Criminal Law Act 1967 – prevent crime or assist arrest
s.76 CJIA 2008 governs both
What is the ‘trigger’ stage in self-defence, and how is it assessed?
It asks if D honestly believed force was necessary (subjective test)
Gladstone Williams: Honest belief suffices, even if mistaken
Codified in s.76(4) CJIA 2008
What is the ‘response’ stage in self-defence, and how is force judged?
Mixed test: Force judged based on facts as D believed (s.76(3)-(4)).
Must be reasonable in degree – not excessive (Martin [2001]).
How do householder cases differ in self-defence law?
Under s.76(5A) CJIA (amended by Crime and Courts Act 2013), force is only unreasonable if grossly disproportionate.
R (Collins) and Ray confirm jury discretion
What are the two parts of the test for duress by threats (per Hasan [2005])?
A) Threat of death/serious injury.
B) A reasonable person in D’s situation would have acted similarly.
What are key limitations to duress by threats?
Not available for murder (Howe) or attempted murder (Gotts).
No defence if D voluntarily associates with criminals (Hasan).
Threat must be external and specific (Cole).
What are the principles of duress by circumstances?
Same structure as duress by threats, but threat come from circumstances
Still requires reasonable belief in death/serious injury and that a reasonable person would act the same
Not a defence to murder (Quayle)
How does the necessity defence differ from duress?
Necessity is choosing the lesser evil, often accepted in medical cases (Re A)
Duress requires external coercion
Necessity is rare and not available for murder (Dudley and Stephens)
What are the three elements required for necessity (per Re A)?
- Act needed to avoid inevitable and irreparable evil
- Must be proportional
- The harm caused must be less serious than harm avoided
What was the legal significance of the Colston 4 case?
Dismantling of Edward Colston’s statue.
Raised 3 defences: lawful excuse, prevention of crime, and ECHR rights.
Acquitted, showing jury discretion in politically sensitive cases.
What role does the ‘margin of error’ play in self-defence?
D is allowed a degree of error when reacting under stress, as long as the response is not excessive or grossly disproportionate (especially for householders)
