General Defences cases Flashcards
consent, self-defence, duress by threats, duress by circumstances and necessity
Attorney General’s Reference
(No 6 of 1980)
consent, exceptions when public interest to allow d of c where bodily harm is caused
Barnes
consent eg of games/sport, if properly conducted & injury takes place within rules of game
Wilson v Pringle
implied consent, ordinary ‘jostlings’ of everyday life. in theory -> battery
Jones
implied consent, ‘rough horseplay’ meaning friendly violence
Dica
consent to risk of infection but x intent to spread
Brown, Emmett
x consent to sado-masosochistic sexual activities
Wilson
can be consent if SM acts considered ‘body adornment e.g tattoos & piercins
Olugboja
submission through fear is x consent
Dica, Tabassum
consent must be real- v must have knowledge of relevant facts and no deception
Aitken
genuine mistake belief that v is consent can be a defence
Hussain
self-defence, NUF- 1) if threat was imminent then force may have been n
Beckford
self-defence, NUF- 2) a pre-emptive strike by d may be r
Bird
self-defence, NUF- 3) it may be r not to retreat
Williams
self-defence, NUF- 4) a genuine mistake as to the threat is acceptable
Hussain, Martin
self-defence, DoF- court cons whether degree of force was r (meaning proportionate) when comp to threat. set out in CJIA 2008
Collins
self-defence, DoF- in burglary cases DoF will be r unless “grossly disproportionate” to threat. set out in CCA 2013
Self-defence definition
- full defence codified S.76 of CJIA 2008
- priv def (common law) “where the d uses force to defend himself, defend another, or defend property.”
- pub def “where the d uses force to prevent a crime or make an arrest” -> CJA 1967
Howe, Gotts
DT, can be def to all crimes except attempted/murder
Cole
DT, spec type of crime must be nominated by the 1 making the threat
Martin
DT&C, threat has to be to d/im family
Valderrama-Vega
DT&C, threat: death/serious injury inc. mental/physical health but cumulative effect can be cons along with threat of injury
-x expose sexuality not enough, rape is
Graham
DT&C 2 stage test:
1) was d compelled to act, r believed had good cause to fear death/serious injury (subjective)
2) if so, would sober person of r firmness & shared characteristics have resp in same way (objective)
Bowen
DT&C Graham test, characteristics- mental illness, disability, age, gender and preg but not low IQ
Abdul-Hussain
DT, threat must be imminent> immediate
Gill
DT, x safe avenue of escape eg going to police
Hasan
DT, x def when self-induced: d joins a criminal gang he knows is violent OR puts themself in that position where they realised they could be comp to commit a crime by being threatened
Duress by Threats definition
“where d has committed an offence due to being threatened with death/serious injury”
S.76 of the Criminal Justice and Immigration Act 2008
full defence of self-defence codified here
Criminal Justice Act 1967
priv def…. public defence under * where d uses force to prevent crime or make an arrest
Criminal Justice and Immigration Act 2008 (gen)
self-defence, DoF= r (proportionate) when comp to the threat (H,M)
Crime and Courts Act 2013
self-defence, DoF- in burglarly cases, *states that DoF will be r unless “grossly disprop” to threat (C)
