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49 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Self defence is found in what statute and section |
S76 criminal justice and immigration act 2009 |
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Self defence covers ? (3) |
Defend yourself from attack Prevent attack on another Defend his property |
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Self defence and property: relevant Act and section ? What does it allow home owners |
S43 crime and courts act 2013 Use disproportionate force which otherwise might be deemed excessive and unreasonable |
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What are the 2 tests for self defence ? |
Was the force used necessary Was the force used reasonable in the circumstances |
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Hussain |
Was the force necessary -Force used when attacker was running away |
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Bird |
Is there a duty to retreat? Fight between v and d |
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Attorney generals reference no2 of 1983 |
D may make a Pre emptive strike |
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Williams |
D can still use the defence if he made a mistake he believed to be true -thought assault was happening, mistaken |
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Martin |
Mistake cannot be because of a personality disorder (personal characteristic) -shot robbers when escaping due to paranoia |
Marshion = alien Aliens r weird |
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Clegg |
Cannot be excessive force. (Not reasonable) -shot at car multiple times to stop them, killed a passenger |
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Householders (4) |
Allowed to use more force, to which may be disproportionate So long as not grossly negligent D must believe v to be a trespasser use the force within property |
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Where does the householdholders amendment come from ? |
Crime and courts act 2013 |
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What is consent a defence to? (Mainly) |
Non fatal offences, battery and assault (common assault) Offences against the person Act 1861 |
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Tabassum |
Deception X -breast examinations |
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What are the 5 exceptions in consent |
Implied consent eg sports Medical treatment Rough horseplay Tattooing / branding Sexual activity |
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Exceptions for consent - cases |
Jones atkin Wilson Slingbury Barnes |
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Where do the 5 consent exceptions come from? |
Attorney generals reference #6 1980 |
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Barnes |
Consent ✅ -sporting tackle + not serious enough |
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Billingshurst |
No consent to deliberate contact in sports , “off the ball” |
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Jones |
? |
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Wilson |
Consent extends to branding |
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Slingsbury |
Inevitable sexual injury allowed “Vigorous” |
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Brown |
Sexual vigorous , held liable -homosexuality?? inconsistent and questionable verdict .... |
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If consent is successfully used as a defence?.... |
Exempts D from liability and negates the unlawful conduct / act |
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Aitken |
Where a mistake is made that D genuinely beliefs V to be consenting , possible defence -drunken joke |
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What is consent not available for (5) |
Murder A fight (outside of sport) Deliberate infliction of bodily harm for no good purpose Abh Gbh |
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Who can’t consent ? (3) |
Young Mentally ill If you don’t understand nature of the act |
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Burrell v Harmer |
Victim did not understand nature of the act -tattoos given to to minors, liable for s47 |
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Consent must be.... |
TRUE REAL |
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Where is consent not true |
Threats Fraud Fear |
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Richardson |
Deception X -dentist license |
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Olugboja |
Fear X |
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Dica |
Deception X -hiv |
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Intoxication is a defence to |
All crimes |
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Richardson and Irwin |
Would D have formed this intent if sober? |
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Mistake and intoxication |
This is concerned with the key fact, did D have the intent for the key fact (eg murdering human) Or was it (murdering snake) intention (lipman) was |
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Lipman |
Acid, thought gf was snake, murdered her Acquitted because he did not intend to kill a human, only what he mistook as a snake Reduced to manslaughter ! |
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O Grady intoxication |
Mistake No mistakes allowed for amount of force |
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Hatton |
Confirmed o Grady on intoxication and mistakes Mistake on force not allowed |
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Jaggard v Dickinson |
Criminal damage and intoxication |
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Specific intent |
Crimes that require a specific MR eg murder and theft |
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Basic intent |
Crimes that require a lower MR, recklessness eg manslaughter or abh |
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What happens if intoxication is successful |
Fall back into a lower defence or provide full defence |
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AG NI v Gallagher |
Dutch courage Got drunk to help kill wife with knife he bought prior drunk intent is still intent |
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Two types of intoxication |
Voluntary and involuntary |
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Beard |
D is so intoxicated he is not able to form the MR for the specific intent offence |
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Laced drinks cases |
Kingston Allen Eatch |
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Prescribed drinks cases (intoxication) |
Bailey Hardie |
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Basic intent and voluntary intoxication RULE and case to support |
RECKLESS VOLUNTARY intoxication is reckless enough to form an MR for the basic intent crime eg punching someone cos you were drunk MAJEWSKI |
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