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Summary

Summary Complicity PQ Notes
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  • Course
  • Criminal Law
  • Institution
  • University College London (UCL)
  • Book
  • Criminal Law

Comprehensive first class Criminal Law PQ notes from University College London (2018/2019). Notes include concise case summaries, key reasonings to reconcile conflicting case law and detailed answer outlines to problem questions

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  • Unknown
  • April 25, 2020
  • 10
  • 2018/2019
  • Summary

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  • criminal law
  • law
  • llb
  • ucl

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  • Bachelor of Law LLB
  • Criminal Law
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Self-Defence/Duress


a. Definitions – Self Defence
- Justification for committing an offence

- General rule [Beckford]
o If D honestly believes that V is threatening the person or property of D or any other
person without lawful authority, then D can use such force against V or V's property as is
reasonably necessary to defend against the attack

- Steps to take
o Is there a threat which justifies self-defence?
o Did D have a subjective belief in the need for defensive force?
o Was the use of force reasonable?

All-or-nothing defence

Palmer
 Cannot have partial right to self-defence, you either have it or you do not

b. Is there a Threat Justifying Self-Defence?
- 2 categories
o Present Attack
o Pre-Emptive Measures

c. Present Attack

Devlin v Armstrong
 Held that self-defence is justified when attack is imminent and
 Ceases when the other party ceases the attack, has been incapacitated, or has successfully
finished and escaped

d. Pre-Emptive Measures

A-G’s Ref (No. 2 of 1983)
 Riots were present, and shopkeeper stored petrol bombs as a means of protection
 Held that the attack was imminent as it could happen at any moment  D could store
weapons as pre-emptive measure

R v Salih
 D owns a gun
 Charged with possession of a dangerous weapon
 D argues that he lived in a dangerous area, owns gun for self-protection
 Held that there is a possibility of an attack but no imminent attack  self-defence does not
apply

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