Unit 3 Defences Flashcards
What will self defence do to a sentence
provide a complete defence and acquitted if successful
what does self defense require initially
defendant belives they are right in force in the circumstances and that the force used was reasonable (s76 criminal justice and immigration act 2008)
does it matter if the force was actually neccesary
no- just that the defendant belived it was (Williams)
What is reasonable force
What the defendant be lives is reasonable in the situation they believe they are in. If it is used after the danger has passed then it’s not reasonable
What act does self defence come from
Section 76 criminal justice and immigration act 2008
What happens if you are drunk and use self defence
Still available if there was actually danger but not if they made a mistake because they were (s76(5)CJI 2008
What is consent always a defence to
Assault and battery
What is true consent
Victim must know exactly what they are consenting to(tabassum)
When else is consent not valid
When consent is obtained through fear( olugboja)-rape
What is implied consent
Consent to the chance someone will touch you (Wilson v Pringle)
Can you consent to minor injuries
No - attorney generals reference no 6 1980(1981)
What are public policy exceptions
Sport ( as long as within rules ) Horseplay Medical surgery Body adornment -piercings/tattoo Dangerous exhibitions
