W6 - Justification and Excuse (Dean)

Question 1

How does self-defence provide a defence to criminal liability?

Answer 1

The key to not facing criminal liability is that the persons actions must not have exceeded permissible limits in law

Question 2

3 elements to self defence

Answer 2

a)they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;
(b)the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
(c)the act committed is reasonable in the circumstances

Question 3

Self defence does not apply if…

Answer 3

The force being used against a person is being applied by another person that is authorized by law to do so, and is using said force alwfully

Question 4

3 elements of self defence, and their objective/subjectie standards

Answer 4

A reasonable perception of force (subjective perception of the accused; objectively verified)
A defensive purpose associated with the accused’s actions (accused’s subjective state of mind)
The accused’s actions must be reasonable in the circumstances (objective assessment)

Question 5

IS battered wife syndrome a defence?

Answer 5

– not a defence, but a psychiatric explanation of the mental state of women who have been subject to continuous battering

Question 6

Self defence is to be judged on a ___ standard

Answer 6

modified objective standard. What a reasonable person with the same background/situation would believe to be a threat

Question 7

What is required for a successful defence of property claim?

Answer 7

A reasonable perception of a specified threat to property in one’s “peaceable possession”.
A defensive purpose associated with the accused’s actions.
The accused’s actions must be reasonable in the circumstances

Question 8

What does “peaceable possession” mean?

Answer 8

Interpreted to mean that the possession of property must not be seriously challenged by others.

Question 9

What is the subjective and objective parts of the phrase “no more force than is necessary”?

Answer 9

Subjective component – subjective belief as to nature of the danger or harm

Objective component – that the belief is objectively reasonable

Question 10

whether or not there is an air of reality is…

Answer 10

a question of law

Question 11

Is previous history between parties relevant?

Answer 11

Previous history between the parties can be relevant to determining the accused state of mind at the time of the incident. The history is also very relevant in determining what the accused believed, not only concerning the existence of the threats, but also concerning their apprehension of a risk of death or grievous bodily harm and her belief in the need to use deadly force