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general defences
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1st year law llb lecture notes from myself a student at city university of london who obtained a First in my exams revising from these notes
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General defencesGeneral theory of defences
Justification: D should e e acquitteed e ecause they ditd the riththt thitnht.
Excuse: D ditd the wronht thitnht, e ut itt would e e unfaitr to punitsh them.
Exemptions: (itn)capacittiess; D its not a normal sue eect of critmitnal law.
Types of defences
Justifications
Self defence
Necessitty
Excuses
Duress
Exemptions
Infancy
Insanitty
If successful, they lead to acquitteallnot htuitlty verditct. These apply to all critmes- except duress whitch
does not apply to murder.
Duress
Duress e y threat: D committs a critme e ecause of threats e y a person that he (or someone else) witll
e e kitlledlseritously hurt.
Duress of citrcumstances: sitmitlar to duress e y threat, e ut D its not threatened e y a person.
Duress its a common law defence.
Duress its not a defence to:
Treason ofences
Murder
Murder as a secondary party
Ateempted murder
‘A person ouhtht rather to dite hitmself than to escape e y the murder of another’
Howe et al 1987-
Witlson 2007-
Gotes 1992-
Questions of scope
1. How seritous must the threat e e?
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