General Defences (AO1) Flashcards
What are the general defences?
Self-defence, Duress by threats, Duress of circumstances, Necessity, Consent.
What is self defence?
Defending oneself from attack and defence of another.
What is the acceptable level of reasonable force in self-defence?
Allows for the fact that person who is facing the threat may not be aware of the level of force being used if used ‘honestly and instinctively’.
What if there is excessive force used after the attack? (Include Case)
If the danger from the attacker is over and then excessive force is used, there is no defence - R v Hussain
Level of force used in self-defense on a trespasser for householders?
Householders aren’t allowed to use any level of force they choose. It’s for a jury to decide what was reasonable.
What are rules on use of force in self defence for a jury to decide?
- Force must be reasonable.
- Circumstances must be genuinely believed by D to have been in situation.
- Personality disorder cannot be taken into account.
What is consent as a defence to non-fatal offence?
Where the victim agrees to suffer an injury, strictly speaking there is no offence.
Consent as a defence: Deceit
Consent must be real and not based on deceit.
Where can implied consent be seen?
In everyday life- sports, crowded train/supermarket, a bit of jostling in this sort of circumstance can be accepted as inevitable. We indirectly give consent by putting ourselves in this situation.
Consent: belief in consent
D can use this as a defence if they genuinely believed that V consented, even though that belief might be unreasonable.
