Introduction to defences

Question 1

What have the defences said to have been divided between

Answer 1

justifications and excused.

Question 2

What is a justification

Answer 2

Justifications means looking at the act that the D has done, the act has a quality which makes it acceptable or permissible in the circumstances and self-defence falls within

Question 3

What do we mean by excuse?

Answer 3

By excuse, D should not have done it, but can see why he should avoid punishment for it. Think as duress as an excuse if someone has committed a crime because threatened, good if he stood up to the threat, but understand why he does not, and perhaps excused from punishment.

Question 4

Is self-defence an excuse or justification?

Answer 4

Within self-defence arguments which look like excuse arguments

Question 5

Is duress excuse or justification?

Answer 5

some arguments that look like justification

Question 6

Should the defences be codified it not already done so?

Answer 6

Codification- would it be better to start with a statutory basis for the defences? Self-defence has been put into statutory form, not codification, arguably not done in the right way or for the right reasons. Should defences developed at common law or should parliament be left to reform? Gardner, if parliament get ‘their dirty hands on defences’ would mess it up.