PRACTICE SHORT ANSWERS - EXTRAS Flashcards
1
Q
What four points do you need to cover to verify the defendant’s nature of belief in the claim of right?
A
- Belief in a proprietary or possessory right in the property.
- Belief must be about rights to the “property in relation to which the offence is alleged to have been committed”.
- Belief must be held at the time of the conduct alleged to constitute the offence.
- Belief must be actually held the defendant.
2
Q
What was held in R v Galey?
A
Two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.
