PAPER 1: Section B - General Defences [COMPLETE] Flashcards
1) What is self defence?
Self defence is where the defendant admits to committing the actus reus and mens rea but was acting in ‘self-defence’.
A person may use force in the cirumstances to defend themself, another or their property.
self defence is a complete defence, so will result in an acquital if accepted
2) What is private defence? What is the Section?
Section 3 of the criminal Law Act 1967:
A person may use force if:
- They’re defending themself or his property against an actual or immediate attack.
- Defending another person against an attack.
3) What is a public defence?
Section 3 of Criminal Law Act 1967 states a person can use force to:
- Prevent the commission of an offence
- Do a lawful citizens arrest
4) According to s.76 of the Criminal Justice and Immigration Act 2008, what are the key elements of self defence?
- The necessity of force - Force is not justified if it’s not necessary.
- The reasonableness of force - Jury must consider the facts, circumstances of the attack, time avaliable to the defendant and thr risk balanced against the risk of harm to the victim.
- Defendant’s shouldn’t need to use ecessive force after the attack, which is usually quick.
A person may not able to weigh to a nicety and that acting honestly and instinctively is strong evidence that only reasonable action was taken - no duty to retreat but if d could have retreated then this should be taken into consideration
5) What case is linked with mistaken force in self defence?
section 76
A person can rely on a msitaken belief qhwther or not the mistake was a reasonable one to have.
R v Gladstone Williams - Used self defence as he was mistaken and believe the perpretrator was the man and the youth was the victim when it was actually the other way round.
Beckford - The d poice office who shot deas a suspect as the were mistakenly told tyhat tey were armed ad dangerous, because he feared for his own life.
Bot were not guilty of murder
6) What does R v Bird show?
In order to use self defence, the defendant must prove that they were acting reasonably and in good faith to use a self defence - there’s no requirement to show that they didn’t want to fight or retreating.
7) What does the Criminal Justice and Immigration Act 2008 say?
- A person acting for a legitimate purpose may not be able to weigh the exact measure of necessary action
- Evidence of a person doing what they honestly thought was necessary for a legitmate purpose was taken by that person for that purpose.
8) What CASES shows reasonable force? (hint: passenger in car, burglars)
R v Clegg - A car was speeding and not stopping and D shot at it, accdientally fatalling killing the passenger at the back. Evidence shows that the defendant couldn’t use self defence because they’re wasn’t any sign of danger during the fatal shot. The force was excessive and D was convicted.
R v Martin - Held that the burglars were leaving when D shot them, so they weren’t causing any danger and this was murder. CoA said that personality disorders can’t be taken into account when dealing with self defence.
9) What does The Crime and Courts Act 2013 say about householder case and the relevant CASE (hint: irrevsible brain damage)
- A householder case gives a wider defencer to householders when an intruder enters their property.
To qualify for a householder case: The force must be used by D in a building, the D must not be a trespasser and D must have believed V was a trespasser
Collins v Secretary of State - The effect of the householder case was a breach to the right of life. Excessive force can be used.
10) What is consent?
Where the victim has agreed to sustain an injury from assault or battery.
It is a complete defence - resulting in a acquittal.
11) What are three things cannot be consented to? Relevant CASE? (hint - gay bdsm sex)
Murder and euthanasia and more than ABH.
Additionally, a person cannot consent to more than ABH.
Brown - A group of adult homosexuals caused various injuries to each other during BDSM. They were guilty of ABH and malicious wounding.
12) What case is linked with consent? (HINT: Hillsborough)
Airedale NHS Trust v Bland - Court decided that the court is the only body who are able to give permission to discontinue life support for those in a coma / vegetative state. It must be in the patient’s best interest and their wishes must be considered.
13) What are exceptions to consent?
- Sports
- Medical procedures
- Piercings and tattoos
- Playfighting
- SOME sexual activity
14) What cases talks about consent in sport? (hint: Barnet but remove the t and add an _ // )
In sports, players consent to a resonable amount of force during playing and consent to the risk of accidental injury.
R v Barnes - D’s conviction of an offence under s.20 GBH was quashed as it was during a football match.
R v Billinghurst - Players do not consent to injury outide the sport. D was convited of inclting GBH as puncing the opponent in the fact and fracturing his jaw - which isn’t part of the game of rugby.
What cases discusses consent between husband and wife? State the relevant CASES (Hint: Tracy Beaker’s crush, E_ _ _ _ _ _ Till)
R v Wilson - Activity between husband and wife that isn’t articularly lie threatening can be conseted to.
Acquitted as branding initials on the bum was the wife’s request.
R v Emmett - The activity between this couple was dangerous - setting lighter fluid on the girlfriend’s breast and did sexual suffocation. D was guilty of ABH as the behaviour was dangerous.
