Criminal Law: Defences

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Last updated: August 5, 2023

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Hint	Answer
What type of defence is self-defence?	All or nothing
What are the 2 limbs of self-defence?	Belief in need to use force
What are the 2 limbs of self-defence?	Reasonable force
Case for limb 2?	Owino [1996]
Where is self-defence law consolidated?	S.76 Criminal Justice and Immigration Act 2008
3 requirements for Insanity?	Suffer disease of mind
	Causes defect of reason
	Causes lack of responsibility
What must D not know about the act?	Nature or quality
What must D not know about the act?	Legally wrong
What must a disease of the mind be?	Medically recognised
Define duress by threats?	D is threatened to commit a crime under threat of serious injury or death

Hint	Answer
Criteria of threat	Must be of death or serious injury
Criteria of threat	Made by a person to D
Criteria of demand	Indicate what crime is to be committed
D's response	Offence is compelled by threats
	Harm must be imminent
	Show reasonable steadfastness
Define duress by circumstances	D is threatened with serious injury or death, but there is no direct threat or demand
Difference between DBT and DBC?	No direct threat or demand in DBC
What are exclusions from duress?	Murder
	Attempted murder
	Prior fault