Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Law > General Defwnce Cases > Flashcards

General Defwnce Cases Flashcards

1
Q

DPP V NI v lynch

A
  • d was threatened by the IRA, he drove then they killed a police man and D was the getaway driver. Held duress was allowed was allowed for 2nd party participation in murder
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Howe

A
  • d’s were forced by Murray to torture and kill other people or they would be subjected to that same thing, held duress is not available for murder and obiter dicta- is also not allowed for attempted
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Wilson

A

13-year-old was so frightened of his farther and didn’t want to disobey him so killed his mother, held there is no defence of duress no matter how frightened the D is

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Gotts

A

D was forced to kill his mum by his dad, he stabbed her several times, but she survived, held duress is not allowed for attempted murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Valderrama vega

A

convicted of importing drugs, he was threatened by a man exposing his homosexual activities and serious threats to his family. Held the exposure alone was not sufficient but is if paired with serious threats

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Martin

A
  • d drove whilst disqualified, his wife threatened to commit suicide if he did not drive their son to work. Held that the treat of
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Conway

A

d was driving his friend a car following him was believed to be treat to his friend so he drove recklessly, held the treat can apply to friends

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Ghraham

A

d was living with his wife and gay lover, the lover got jealous of the wife so told d to help him kill her then pleaded duress as his lover was violent to him. Held the treat was not sufficient

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Martin

A

d was suffering from a metal disorder- he regards unthreatening acts as threatening and was forced by men to commit a burglary. Held the belief by the D can be a defence if it was genuine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Bowen

A
  • d was threatened by being petrol bombed so he stole goods. D had a low IQ and was vulnerable held having a low IQ is not sufficient
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Gill

A

d and wife were threatened to steal a lorry, held the defence failed because there was enough time before they committed the crime to escape

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Hudson and Taylor

A

were witnesses of a fight and were threatened to lie in court the police was there. Held the police was insufficient as the people threatening were there so they couldn’t speak to the police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Abdul Hussain

A
  • Ds hijacked a plane under duress that they would get the death penalty. Held convictions were quashed due to the imminent peril of death
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Cole

A

borrowed money from a loan shark who threatened him with serious harm if he did not repay so he robbed people held, the loan shark did not tell him to commit a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Sharp

A
  • d joined a gang who did armed robbery, he wanted to leave as he was forced to commit a robbery, held duress is not available as he voluntarily joined the gang
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Heath

A

d charged with supplying cannabis, he argued he only used heroin because he was in debt to his supplier, held he voluntarily placed himself in the situation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Shepards

A

joined a gang of shoplifters and was threatened with violence, held that a gang of shoplifters is not expected to be violent, so the conviction was quashed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Hasan

A

person voluntarily associating with know criminals out to have foreseen the risk of future coercion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Willer

A

was confronted by a gang threatening to kill him and the passenger so mounted a pavement to escape so was charged with recklessness driving, c of a held the defence should have been available

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Conway

A

followed by a car who he believed was wating to hurt his friend, held the defence of duress by circumstances should have been put to the jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Martin

A

d’s wife threatened to commit suicide if he didn’t drive their son to work whilst disqualified, held the defence should have been available to him

22
Q

Pommel

A

d’s wife threatened to commit suicide if he didn’t drive their son to work whilst disqualified, held the defence should have been available to him

23
Q

Cairns

A

a youth jumped on the bonnet of d’s car the d felt threatened so drove off and injured the man. Held the d only had to show a genuine perception of a threat

24
Q

Dudley c Stephen’s

A

d’s were in a shipwreck and stranded they had no food and were close to dying o they killed the weakest man and ate him. Held ds were convicted of murder

25
Re A
- twins were going to die if they were left but if they separated one would die and the other would survive. Held the operation could be lawfully carried out because it would save one life
26
Shayler
d was a secret agent and told a journalist national secret. He said the disclosure of the information would save members of the public but this could not be proven so he was convicted
27
Tabassum
d pretended to be a doctor to carry out examinations on breast cancer patients who all consented to the exam. Held it was not true consent as they believed he was medically qualified
28
Oluguboja
d offered 2 girls a lift home but instead drove them to his house and raped one of them, the other girl submitted out of fear. Hele the girl did not consent
29
Dica
had sex with women without telling them he was HIV positive, held the women did not have full knowledge of the facts to give genuine consent
30
Wilson v Pringle
as a prank schoolboy pulled his friends bag causing him to fall over and sustain injuries, held there was implied consent, and the actions were not hostile
31
Burrel v harmer
gave a 12 and 13 year old tattoos and was charged with ABH. Held the boy's consent was not effective as thy did not understand the nature of the act
32
Bland
d was crushed in the Hillsborough disaster which left him in a vegetive state he was on life support and had no hope of recovery the hospital had to ask for permission to turn the machine off and it was granted
33
Pretty
pretty was terminally ill with motor neurone disease and wanted to die at a time of her choosing without her husband being charged with her death the permission was refused
34
Collins v wilcock
police man touched a woman so she scratched him. Held if you touch someone without consent you will be charged with battery
35
A-G ref
youths had a disagreement so consented to a fight one got a bruised eye and a bloody nose held a person cannot consent to ABH or GBH
36
Brown
convicted of ABH and wounding during consensual homosexual activities. Held there was no defence
37
Barnes
- talked a player in football leading to an injured leg. Held it was inside the rules but if it went beyond then it is a crime
38
Watson v BBC
in a boxing match v has been beaten, no doctor stepped in causing serious injuries. V sued the doctors as he didn't consent to the serious harm and sued 1 million
39
Wilson
branded his initials on his wife's bum, she got infected and it was reported to the police, held the consent was valid as what happens in private for a married couple was not a matter for the courts
40
Jones
d's were messing about and threw him in the air but didn't catch him causing spinal injuries. Held there was consent through horseplay
41
Atkin and others
's found fireproof suits so decided to set each other on fire causing serious burns. Held there was consent and no offence was committed
42
Gladstone Williams
d's witnesses a man attack a youth he rushed to the aid of the youth and rested him to the ground. It was actually the kid doing the mugging. Held the d had genuinely mistaken the facts
43
A-G ref
- d was a shopkeeper where riots were taking place- his shop was attacked so he made petrol bombs to protect himself from further attacks. Held pre-emptive strikes may be permissible in some situations
44
Bird
d was at a party and her ex showed up with a new partner an argument started and v pinner he to a wall so she punched him forgetting she had a glass in her hand- v lost an eye, held the conviction was quashed a there is no obligation to show willingness to fight
45
Gladstone Williams
rushed to aid a youth h thought has been attacked but it was actually the youth who was being attacked. Held the d should be judged according to his genuine mistaken view of the facts despite it being unreasonable
46
Palmer
appellant and 2 others were being chased by 3 men after they stole drugs the man had stones and sticks, d fired shots and killed one of the men. Held there is no option for manslaughter if D used excessive force
47
Martin
d shot at 2 boys who break into his home and killed one self-defence was rejected as he used excessive force
48
Clegg
d was a serving soldier a car aimed to run him over, so he shot at it as it continued to drive away he shot again killing the passenger, held the force was excessive and the defence fails
49
Hatton
- d drank 2 pints and beat v to death with a sledgehammer- he thought he was under attack. Held a mistake induced by drunkenness cannot be relied on
50
Ogrady
- d killed friend in self-defence in a fight, thy were both drunk and convicted of manslaughter. Held a mistake made through intoxication fails self defence

Law (18 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions