Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
5 Cards in this Set
- Front
- Back
|
Defences for offences against the person: a) self defence- 'if a person is actually under a potentially lethal attach or such an attack is imminent, the law recognises that he is entitled or permitted to defend himself and, if need be, to kill his assailant. The killing is justified.- Ashley v Chief Constable |
i) where the defendants belief is mistaken: 'it is one thing to say that if A's mistaken belief was honestly held he should not be punished by the criminal law. It would be quite another to say that A's unreasonably held mistaken belief would be sufficient to justify the law in settings aside B's right not to be subjected to physical violence by A. - Ashley |
|
|
ii) the self defence must be proportionate- 'violence may be returned with necessary violence. But the force used must not exceed the limits the limits of whats reasonable in the circumstances… the assailant may be met with reasonable force but no more, the use of excessive violence against him is an actionable wrong.' - Revill v Newberry |
B) consent/ volenti non fit injuria- Chatterson v Gerson- 'What the court has to do in each case is to look at all the circumstances and say 'Was there real consent?' |
|
|
i) necessity and capacity- In Re F (mental patient steralisation) Bridge- 'it seems to me to be axiomatic (unquestionable) that treatment which is necessary to preserve the life, health or well being of the patient may lawfully be given without consent.' |
C)Lawful arrest/ Prevention of crime- Armstrong v CC of West Yorkshire Police- Criminal Law Act 1967- s3 Roberts v Chief Constable of Kent 2008- Police and Criminal Evidence Act 1984. |
|
|
D) reasonable punishment- i) Children and Young Persons Act 1933 s1(7)- nothing in this section shall be construed as affecting the right of any parent having lawful control or charge of a child or young person to administer punishment to him. |
ii) Children Act 2004 s58- battery of a child causing actual bodily harm to the child cannot be justified in any civil proceedings on the found that it constituted reasonable punishment. |
|
|
E) Illegality/ex turpi causa non oritur actio- Lane v Holloway- 'Even if the fight started by being unlawful, I think that one of them can sue the other for damages for subsequent injury if it was inflicted by a weapon or savage blow out of all proportion to the occasion' Denning. |
Murphy v Culhane 1977- 'it may well be that he could not sue for damages if he got more than he bargained for… may well said to have been guilty of such a wicked act as to deprive himself of a cause of action, or alternatively, to have had taken upon himself the risk.' |
