Summary: General Defences

Read the summary and the most important questions on General Defences

• 1 Self Defence

• 1.2 Test

  This is a preview. There are 2 more flashcards available for chapter 1.2
  Show more cards here

• What act determines degree of force necessary

  Criminal justice act 2008

• 1.3 Excessive force

  This is a preview. There are 3 more flashcards available for chapter 1.3
  Show more cards here

• What did crime and courts act 2013 change about CJA

  -Gave wider defence to householders where intruders enter the property
  -unless extremely gross, excessive force is deemed as reasonable force.

• What are the rules for this force to be used

  -D needs to use force in building or partly in building
  -D must have believed v was a trespasser

• 1.4 Other aspects

  This is a preview. There are 3 more flashcards available for chapter 1.4
  Show more cards here

• Intoxication and mistaken use of force

  -if you voluntarily become intoxicated then can't use defence

• 2 Duress/Necessity

  This is a preview. There are 1 more flashcards available for chapter 2
  Show more cards here

• What are two types of duress

  -duress by threats
  -duress by circumstances

• Who is burden of proof on

  Prosecutor

• 2.1.1 Test

  This is a preview. There are 6 more flashcards available for chapter 2.1.1
  Show more cards here

• What is test for duress by threats

  -D committed offence because he was threatened  by death of serious injury

• What are the 6 parts to the full test

  1) immediate threat to cause death or serious injury
  2)Threat must be directed against D or their immediate family or someone close to them 
  3)D must have acted reasonably in light of situation
  4) The threats relate directly to crime committed by D
  5)There was no evasive action D could have taken
  6) D cannot use the defence if they voluntarily laid themselves upon to threats

• There must be a threat to cause death or serious injury

  -Lesser threats then death or BH aren't sufficient
  -R v Valderrama Vega/ D convicted of importing drugs which he did under threats of serious violence as well as leaking he was homosexual (only passed due to death threats)

• Threat must be directed against D or immediate family or someone close to them

  -A person who's safety they would reasonably hold themselves responsible