Necessity Defences Ch12 Y2 Flashcards

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1
Q

What are the necessity defences?

A

Self Defence
Duress of threat
Duress of circumstances.

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2
Q

What type of defence is self defence?

A

Full Defence

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3
Q

What is the 2 part test for self defence?

A

1) was it necessary to use force
2) was the force used proportional

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4
Q

In self defence, from who’s perspective are the facts judged?

A

The defendants as the genuinely belived them to be

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5
Q

In self defence what cases illustrate that the facts are judged as the defendant genuinely beloved them to be?

A

R v Gladstone and Williams

Beckford v the queen (privy council case) [highly persuasive]

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6
Q

What does S76(3) of the Criminal justice and Immigration Act 2008 state?

A

The question of whether the degree of force used is reasonable is decided by the circumstances and D belived them to be

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7
Q

What does S76(5) of the Criminal justice and immigration act 2008 state?

A

If a mistake of the facts is made because of intoxication by drink or drugs, the defence fails.

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8
Q

What does R v Seun Oye state?

A

Where d has delusions resulting from mental health, it cannot be taken into consideration

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9
Q

What does R v Bird state?

A

Pre-emptive strikes are allowed and D does not have a duty to retreat

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10
Q

What does R v Rashford state?

A

D will only lose defence by being the aggressor through the whole situation

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11
Q

What is a householder case?

A

Force is used while d is in a building that’s a dwelling

D must not be a trespasser

D must believe the victim is a trespasser

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