Trespass: Defences

Question 1

INEVITABLE ACCIDENT

Answer 1

If there is no fault on part of defendant McHale v Watson

Question 2

CONSENT

Answer 2

Act within the scope of consent Barker v R
Not through duress Aldrige v Booth
Not obtained by fraud Gillick v West Norfolk
Implied consent in sport McNamara v Duncan
Consent through contract Balmain New Ferry v Robertson
Implied licence to enter property TCN Channel Nine v Anning
Revocation of consent Colwell v Rosehill Racecourse

Question 3

NECESSITY

Answer 3

1) Imminent threat of grave harm London Borough of Southwark v Williams
2) A reasonable apparent necessity Cope v Sharpe
3) Harm must not have been the fault of the defendant Rigby v Chief Constable of Northamptonshire

Question 4

SELF DEFENCE

Answer 4

Act of defendant must have been (a) reasonably necessary for the protection of their person and must have been (b) proportionate to the threat against their circumstances Fontin v Katapodis. s271 Criminal Code 1899 (Qld)

Question 5

DEFENCE OF ANOTHER

Answer 5

Reasonable grounds assault about to take place and use reasonable force in defence of another Goss v Nicholas s273 Criminal Code 1899 (Qld)

Question 6

PROVOCATION

Answer 6

Provocation is complete defence in case of assault and battery s269 Criminal Code 1899 (Qld)
Acted in heat of the moment and force not disproportionate White v Connolly