Necessity Defences

Question 1

Self Defence

Answer 1

Common law to use reasonable force to protect yourself or others.

Use reasonable force to prevent a crime or make an arrest.

Was the force necessary?
Was the force reasonable?

Question 2

Duress

Answer 2

Defendant is forced to commit a crime due to a direct threat.

Question 3

Self-Defence Case: R v Martin

Answer 3

M shot and killed a burglar. Was not self defence, as M shot V when making his escaoe.

Question 4

Duress Case: R v Hasan

Answer 4

H associated with a violent drug dealer and was threatened into carrying out a robbery.
Threat must be believed to be or almost be immediate.