NECESSSITY DEFENCES

Question 1

PREVENTION OF CRIME

Answer 1

s.3 CLA 1967
Where V is being threatened so they protect themselves and others from harm.

Question 2

SELF DEFENCE

Answer 2

Common law
Where V is being threatened.

Question 3

IS FORCE NECESSRAY?

Answer 3

Subjective test as force is not justified unless it is necessary.
s.76(4)
[BIRD]

Question 4

IS FORCE REASONABLE?

Answer 4

S.76(6) Not deemed reasonable if they are disproportionate to the act.
[R v Clegg]

Question 5

DURESS

Answer 5

Forced to commit a crime, applies to any offence but murder.

Question 6

DURESS BY THREAT

Answer 6

Test of Graham:

Question 7

GRAHAM 1

Answer 7

Was D compelled to act as he did because he feared death or serious physical injury?

Question 8

GRAHAM 2

Answer 8

Did he respond as a reasonable sober person with the same characteristics and age would?

Question 9

DURESS BY CIRCUMSTANCE

Answer 9

arises where it is not a person that provides a threat to the defendant but the nature of the situation.
[MARTIN]