Necesity Defences Flashcards
1
Q
Self Defence
A
Criminal Justice and Immigration Act 2008
2
Q
Definition
A
Was force necessary based on the facts as the D believed them to be (subjective test). Williams. Cant be mistaken belief (O’grady) , no duty to retreat. A person may use such force as is reasonable in the circumstances. Palmer
3
Q
Clegg
A
If any of the force used is excessice defence will fail
4
Q
Duress by Threats
A
Specified crime, immediate threat, threat of death or serious injury, Threat of violence must be to the defendant or a person for whom he has responsibility. Threat must be so great as to overbear the ordinary powers of human resistance
5
Q
Limirarions
A
Not allowed for murder
treason
if D voluntatily joined a gang
D became indebted to drug dealers Flatt
