NECESSSITY DEFENCES Flashcards
PREVENTION OF CRIME
Where V is being threatened so they protect themselves and others from harm.
SELF DEFENCE
Where V is being threatened.
IS FORCE NECESSRAY?
Force is not justified unless it is necessary.
s.76(4)(5)(6)
[BIRD]
IS FORCE REASONABLE?
S.76(6) Not deemed reasonable if they are disproportionate to the act.
DURESS
Forced to commit a crime, applies to any offence but murder.
DURESS BY THREAT
Test of Graham:
GRAHAM 1
Was D compelled to act as he did because he feared death or serious physical injury?
GRAHAM 2
Did he respond as a reasonable sober person with the same characteristics and age would?
DURESS BY CIRCUMSTANCE
Arises where D believes that unless he acted the way he did either he or those with them would suffer death or serious injury.
[MARTIN]