Last bits

Question 1

What are 2 specific defences to criminal damage?

Answer 1

1. Owner did or would have consented
2. Property was in immediate need of protection and was reasonable in the circs

Question 2

What is the defence of necessity? How is it made out?

Answer 2

1. The act was required to avoid some inevitable and irreparable evil
2. The defendant only did what was reasonably necessary
3. The evil inflicted was not disproportionate to the evil avoided.

It is important to note that this defence is not available to a charge of murder. If a defendant is faced with a choice of dying, or killing another to avoid their own death, they are legally obliged to sacrifice their own life, rather than another’s.

Question 3

What is the defence of duress? When is it made out?

Answer 3

The defence of duress is very restricted. It can, at times, be relied upon where the defendant is subjected to threats and commits an offence to avoid the threats being realised.

There are seven restrictions on the offence:

1. It is not available for murder or attempted murder
2. There must be a threat of death or serious injury
3. The threat must be against the *defendant, their close** relative or friend, or someone for whom the defendant reasonably feels responsible
4. The defendant must have good cause to fear, taking into account the nature of the threat
5. A person of reasonable firmness with the defendant’s characteristics would have acted the same
6. The threat must be sufficientlu immediate and there must be no opportunity to take evasive action
7. The defendant cannot rely on the defence if they have voluntarily associated with the maker of the threat, knowing that their associate has violent criminal tendencies.

Question 4

If there is more than one cause, but one D’s conduct accelerated the result, is there causation?

Answer 4

Yes - sufficient to accelerate the result.

Question 5

What is the identification doctrine?

Answer 5

To hold company/corporation liable, prosecution must identify the controlling mind - a person whose actions and mental state can be said to be that of the corporation.

Question 6

What is dead for the purposes of murder?

Answer 6

Brain dead as well as actually dead.

Question 7

What 2 things do NOT consitute trigger under loss of control partial defence?

Answer 7

1. Revenge
2. Infidelity