week 9 L 1 Flashcards
Types of defences
justificatory defences
excusatory defences
Other defences.
justificatory defence
These aim to justify the defendant’s actions:
* Self-defence: Defending oneself from unlawful attack.
* Defence of property: Protecting personal property from criminal damage or theft.
* Defence of others: Protecting someone else (e.g., spouse, child, or stranger) from unlawful harm.
* Necessity: Committing an offence to avoid a greater harm (e.g., breaking into a house to escape from danger).
Excusatory defences
These explain why the defendant should not be held fully responsible. * Automatism: Acting without conscious control (e.g., sleepwalking).
* Insanity: The defendant was mentally ill and did not understand the nature of their actions.
* Diminished responsibility: The defendant had an impaired mental state but was not completely insane.
* Infancy: The defendant was too young to be criminally responsible.
* Intoxication: Voluntary or involuntary intoxication may negate the mental state required for certain offences
Other defences.
- Mistake: A genuine mistake (e.g., mistakenly believing an item is yours) may negate liability.
- Consent: If the victim consented to the act, it may negate a charge (e.g., in cases of assault during a sports event).
- Entrapment: If the police or authorities induced the defendant to commit the offence.
Burden of proof
Prosecution’s Burden: In criminal cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. The defendant is presumed innocent unless proven guilty.
Self defence.
Self-Defence allows an individual to use reasonable force to protect themselves, their property, or others from imminent harm. There are two key tests in self-defence:
* Subjective test: Did the defendant believe they were in imminent danger?
* Objective test: Was the force used by the defendant reasonable given the circumstances?
what is full defence?
Full Defence: If the defendant’s use of force is both subjectively and objectively reasonable, the defendant may be acquitted.
What is partial defence?
If the defendant used excessive force, but only as they believed it was necessary, this could reduce a charge of murder to manslaughter
What is excessive force?
Using more force than reasonably necessary is considered “excessive”, but if the defendant genuinely believed their actions were necessary, they may avoid a murder conviction and instead face manslaughter
Cases on self defence.
Dpp v O’ Connor:
The defendant may be convicted of manslaughter if they used excessive force but believed it was necessary.
* People (AG) v. Dwyer (1972): A defendant can argue they were acting in self-defence, but if they used excessive force, the charge can be reduced from murder to manslaughter.
Defence of property:
A person can use reasonable force to protect their property, but lethal force is only permissible in exceptional cases, like defending one’s home. The Non-Fatal Offences Against the Person Act 1997 provides that the use of force is justified if it is reasonable in the circumstances as the defendant believes them to be.
Key Case on Defence of Property:
- People (DPP) v. Barnes (2007): Recognized that while a person can use reasonable force to defend their home, it does not justify killing someone merely for trespassing
Summary of Barnes and the Act:
People v. Barnes establishes that self-defence in the case of a burglary is justified, but only if the force used is reasonable and proportionate. A householder has the right to defend their home, but this does not extend to killing a burglar simply for trespassing.
* The Criminal Justice (Defence and the Dwelling) Act 2011 affirms the right to defend a dwelling, allowing the use of force (including lethal force) when necessary, with no obligation to retreat. The person using force must honestly believe they are at risk, but they do not need to prove that their belief was justified.
What is the main purpose of the Criminal Justice (Defence and the Dwelling) Act 2011?
The Act codifies (sets down in law) the rules for self-defence when defending a dwelling (home). It outlines when and how a person can use force to protect themselves, others, or their property in their home.
What does Section 2(1) of the Act say about the use of force in a dwelling?
Section 2(1) allows a person to use force in their dwelling if they believe someone has entered their home to commit a crime, and the force used is reasonable. This force can be used to protect themselves, others, or their property, to prevent a crime, or to assist in making a lawful arrest.
