Necessity Defences Ch12 Y2

Question 1

What are the necessity defences?

Answer 1

Self Defence
Duress of threat
Duress of circumstances.

Question 2

What type of defence is self defence?

Answer 2

Full Defence

Question 3

What is the 2 part test for self defence?

Answer 3

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

Question 4

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

Answer 4

The defendants as the genuinely belived them to be

Question 5

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

Answer 5

R v Gladstone and Williams

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

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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

Question 8

What does R v Seun Oye state?

Answer 8

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

Question 9

What does R v Bird state?

Answer 9

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

Question 10

What does R v Rashford state?

Answer 10

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

Question 11

What is a householder case?

Answer 11

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