Chapter 11 General defences

Question 1

What are the four main defenses discussed in this chapter?

Answer 1

• Self-defence
• Duress by threats
• Duress of circumstances
• Necessity

The defense of consent is also mentioned, where the victim permits the defendant’s actions.

Question 2

What is the outcome if the self-defence is successful?

Answer 2

The defendant will be found not guilty

Self-defence covers actions taken to defend oneself, another person, or property.

Question 3

What does the Criminal Justice and Immigration Act 2008 amend regarding self-defence?

Answer 3

• Common law defence of self-defence
• Defence of another
• Defence of property

It also includes the statutory defence in s 3(1) of the Criminal Law Act 1967.

Question 4

What two questions must be asked to determine if the force used in self-defence was reasonable?

Answer 4

• Was it necessary to use any degree of force?
• Was the degree of force actually used proportionate or reasonable?

If the use of force was unnecessary, the second question does not arise.

Question 5

In R v Williams (Gladstone), what was the court’s ruling regarding the defendant’s mistaken belief?

Answer 5

The jury should judge the defendant according to his genuine, mistaken view of the facts

This ruling is supported by s 76(3) of the Criminal Justice and Immigration Act 2008.

Question 6

What does s 76(5) state about mistakes made due to intoxication?

Answer 6

The defendant cannot rely on their mistaken belief

This applies if the mistake was caused by voluntary intoxication.

Question 7

What mental conditions can affect a defendant’s genuine belief in self-defence?

Answer 7

• Delusions from psychiatric conditions
• PTSD

Cases like R v Oye (2013) and R v Press and Thompson (2013) illustrate this.

Question 8

In R v Bird (1986), what did the court rule regarding a defendant’s duty to retreat?

Answer 8

There is no duty to retreat when acting for a legitimate purpose

However, the possibility of retreat is a relevant factor in deciding the necessity of force.

Question 9

Can a defendant who is the initial aggressor claim self-defence?

Answer 9

Yes, if the victim’s response is wholly disproportionate

The defense is only valid if the aggressor did not intend to provoke serious violence.

Question 10

What is the basic rule regarding proportionate force in self-defence?

Answer 10

Force must not be disproportionate, except in householder cases

This is outlined in s 76(6) of the Criminal Justice and Immigration Act 2008.

Question 11

In R v Clegg (1995), why was the defendant’s claim of self-defence unsuccessful?

Answer 11

The fatal shot was fired after the danger had passed

Excessive force was used, which invalidated the self-defence claim.

Question 12

What defines a householder case under s 76(5A)?

Answer 12

• Force used by the defendant in a dwelling
• Defendant is not a trespasser
• Defendant believes the victim is a trespasser

The law allows reasonable force and disproportionate force, but not grossly disproportionate force.

Question 13

What must the jury consider in a householder case regarding the force used?

Answer 13

• Shock of encountering an intruder
• Time of day
• Presence of vulnerable individuals
• Conduct of the intruder

These factors help determine if the force was reasonable or grossly disproportionate.

Question 14

What does s 3(1) of the Criminal Law Act 1967 state about reasonable force?

Answer 14

A person may use reasonable force in the prevention of crime or assisting in lawful arrest

This applies to defending oneself, preventing attacks on others, or defending property.

Question 15

What is the common law defence that allows a person to use reasonable force to defend themselves or others?

Answer 15

Private defence

This includes defending oneself from criminal attacks, preventing attacks on others, or defending property.

Question 16

In the context of self-defence, what are the two tests that apply?

Answer 16

• Subjective test: belief that force was necessary
• Objective test: whether the force used was reasonable

These tests determine the validity of a self-defence claim.

Question 17

True or false: The common law defence of self-defence allows force to be used in trying to recover stolen property.

Answer 17

FALSE

The defence is only available for preventing crimes in progress, not for reacting to crimes already committed.

Question 18

In the case of R v Williams (2020), what was the outcome regarding self-defence?

Answer 18

Self-defence was not available

The defendant chased and fatally stabbed the victim after the victim had initially attacked him.

Question 19

What principle was established in R v Williams (Gladstone) (1983) regarding mistaken beliefs?

Answer 19

Judged according to their genuine, mistaken view of the facts

This applies regardless of whether the mistake was reasonable or unreasonable.

Question 20

What does the defence of duress by threats entail?

Answer 20

The defendant has been forced to commit a crime by threats made to them

It is a full defence, meaning the defendant will be found not guilty if successful.

Question 21

Which crimes are excluded from the defence of duress?

Answer 21

• Murder
• Attempted murder

This was established in cases like R v Howe (1987) and R v Gotts (1992).

Question 22

What are the six tests that must be satisfied for the defence of duress to succeed?

Answer 22

• Threat of death or serious injury
• Threat directed against the defendant or close family
• Reasonableness judged objectively
• Threats relate directly to the crime
• No evasive action possible
• Not voluntarily laid open to threats

These criteria were outlined in R v Hasan (2005).

Question 23

In R v Valderrama-Vega (1985), what was considered regarding the cumulative effects of threats?

Answer 23

The jury could consider all threats if there was a threat of death

Lesser threats alone would not suffice for a defence of duress.

Question 24

What does the threat/offence nexus refer to in the context of duress?

Answer 24

The threats must be directly related to the specific offence committed

If not, as in R v Cole (1994), the defence will not be available.

Question 25

In **R v Gill (1963)**, why was the defence of duress not available?

Answer 25

The defendant had a safe avenue of escape ## Footnote He could have raised the alarm during a period of time when he was left alone.

Question 26

What is the significance of **R v Sharp (1987)** regarding voluntary exposure to threats?

Answer 26

Defendants cannot use duress if they voluntarily joined a criminal organization ## Footnote Knowledge of potential pressure to commit an offence negates the defence.

Question 27

In **R v Graham (1982)**, what was the court's ruling regarding the consumption of drugs and duress?

Answer 27

Duress will not be available if the defendant's will was eroded by voluntary consumption ## Footnote This affects the ability to resist threats.

Question 28

What characteristics may be considered when assessing a defendant's response to threats in duress cases?

Answer 28

* Age * Pregnancy * Serious physical disability * Recognized mental illness * Gender ## Footnote These factors can influence susceptibility to threats.

Question 29

In **R v Graham (1982)**, what was determined about the defence when a defendant's will is eroded by voluntary consumption of drugs?

Answer 29

The defence will not be available ## Footnote This case established that voluntary intoxication negates the possibility of claiming duress.

Question 30

What was the outcome of **R v Cole (1994)** regarding the connection between threats and crimes?

Answer 30

Insufficient connection between threats and crimes ## Footnote The defence of duress was not available due to lack of direct connection.

Question 31

List the **six tests** for the defence of duress to succeed as established in **R v Hasan (2005)**.

Answer 31

* Threat to cause death or serious injury * Threat directed against the defendant or their family * Reasonableness of the defendant's actions judged objectively * Threats relate directly to the crime committed * No evasive action available * Defence not available if the defendant voluntarily exposes themselves to threats ## Footnote These criteria are essential for the defence of duress to be considered.

Question 32

In **R v Willer (1986)**, what action did the defendant take to escape a gang of youths?

Answer 32

Drove on the pavement ## Footnote The court allowed his appeal for reckless driving based on duress.

Question 33

What was the ruling in **R v Conway (1988)** regarding duress of circumstances?

Answer 33

Duress of circumstances was available if acting to avoid a threat of death or serious injury ## Footnote The court ruled that the defendant's perception of threat justified his actions.

Question 34

In **R v Pommell (1995)**, what was confirmed about the defence of duress of circumstances?

Answer 34

Available for all offences except murder or attempted murder ## Footnote The conviction was quashed and the case was sent for retrial.

Question 35

What must be proven for the defence of necessity as established in **R v Dudley and Stephens (1884)**?

Answer 35

Circumstances must force a person to act to prevent a worse evil ## Footnote This case set the precedent for necessity in legal defences.

Question 36

True or false: Consent is a defence to murder or serious injury offences.

Answer 36

FALSE ## Footnote Consent is not a defence in cases of murder or serious injury.

Question 37

In **R v Donovan (1934)**, what was the outcome regarding consent?

Answer 37

Conviction quashed due to victim's consent ## Footnote The court ruled that consent negated the unlawful nature of the act.

Question 38

What was the significance of **R v Tabassum (2000)** regarding consent?

Answer 38

Fraud vitiated consent ## Footnote The complainants were misled about the defendant's qualifications, invalidating their consent.

Question 39

In **R v Dica (2004)**, what was the ruling regarding consent and transmission of disease?

Answer 39

No consent to being infected with HIV ## Footnote The court held that consent to sex did not include consent to disease transmission.

Question 40

What does **implied consent** refer to in legal terms?

Answer 40

Consent inferred from circumstances, such as minor touchings in crowded places ## Footnote This principle applies to everyday interactions and contact sports.

Question 41

In **R v Barnes (2004)**, what was determined about injuries caused during a sports match?

Answer 41

Criminal prosecution only for sufficiently grave conduct ## Footnote The court ruled that not all injuries in sports warrant criminal charges.

Question 42

In **R v Barnes (2004)**, what was the court's ruling regarding injuries caused during a match?

Answer 42

Criminal prosecution only for conduct sufficiently grave to be categorized as criminal ## Footnote The case involved a serious leg injury during an amateur football match, where implied consent existed for actions within reasonable expectations.

Question 43

True or false: Consent can be a defense to **murder**.

Answer 43

FALSE ## Footnote Consent is never a defense to murder or attempted murder as it is not in the public interest.

Question 44

What are the **two tests** for the defense of duress as set out in **R v Hasan (2005)**?

Answer 44

* Subjective test: defendant compelled to act due to fear of death or serious injury * Objective test: would a sober person of reasonable fitness respond the same way? ## Footnote Relevant characteristics include age, pregnancy, gender, and serious physical disability.

Question 45

In **Attorney-General’s Reference (No. 6 of 1980) (1981)**, why was consent not a defense for street fighting?

Answer 45

Not in the public interest ## Footnote The case involved two young men who agreed to fight to settle differences, which was deemed unacceptable.

Question 46

What is the **statutory defense** under s 3(1) of the Criminal Law Act 1967?

Answer 46

Public defense for self-defense ## Footnote This allows individuals to use reasonable force to protect themselves or others.

Question 47

What constitutes **implied consent** in the defense of consent?

Answer 47

* Ordinary jostlings of everyday life * Contact within the rules of sports ## Footnote Implied consent exists where actions are within reasonable expectations, such as in sports.

Question 48

Fill in the blank: Consent to medical procedures is usually sought and given by the _______.

Answer 48

patient ## Footnote Consent is presumed in life-saving circumstances but can be refused.

Question 49

In **R v Olugboja (1982)**, why was there no real consent?

Answer 49

Victim submitted through fear ## Footnote The defendant intimidated the victim into having sex, negating consent.

Question 50

What are the **exceptions** where consent can be a defense to bodily harm?

Answer 50

* Properly conducted sports * Surgery * Dangerous exhibitions ## Footnote These exceptions allow for consent under regulated circumstances.

Question 51

True or false: Consent can be a defense to **sado-masochistic acts**.

Answer 51

FALSE ## Footnote Such acts were ruled as not permissible under public interest in **Brown (1993)**.

Question 52

What must be true for consent to be considered **real**?

Answer 52

* Victim must have knowledge of relevant facts * Consent cannot be obtained by fraud or intimidation ## Footnote True consent requires informed agreement from the victim.