Defences

Front 1

Name the 6 types of defences

Back 1

Duress, Necessity, Self-defence, Automatism, Insanity, Intoxication

Front 2

What are the AR and MR of a Duress by Threat defence?

Back 2

AR:

1) Threat of death or serious injury (Quayle)

2) Threat to D or someone close to D

3) No evasive action reasonably available

MR:

1) D honestly committed the crime to prevent the threat

2) D's belief was honest and reasonable (Howe)

Front 3

What are the facts of Quayle?

Back 3

D argued he was justified in using marijuana to ease the pain of multiple sclerosis. Court denied duress defence because there was no threat of death or serious injury.

Front 4

While the threat does not have to be specified for a duress defence, it must reasonably exist. Name a case that shows this.

Back 4

Ali

Front 5

What are the two situations in which a defence of duress cannot be used?

Back 5

Where D put themselves in a situation where criminal activity was foreseeable (like joining a criminal organization).

As a defence to murder.

Front 6

What are the two elements of self-defence?

Back 6

Necessity (subjective)

Reasonableness (objective - but based on D's perception of the situation)

Front 7

Name and summarize 4 key cases in necessities

Back 7

Bourne - defence of necessity permitted doctor, D, to perform abortion on 14-year old girl (abortion was illegal at the time)

F v West Berkshire Authority - HoL permitted D, doctor, to sterilize mentally ill woman who would have become more distressed by pregnancy

Shayler - D leaked government secrets exposing corruption. Court rejected necessity defence.

R v Jones & Milling - Defendants broke into RAF base and damaged fighter planes, arguing that it was preventing greater evil. Defence rejected.

Front 8

What are the three requirements of a necessity defence?

Back 8

1) Criminal act must be intended to avoid a necessary evil

2) Act limited to minimum necessary

3) Criminal act not disproportionate - it must be the lesser evil