100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Detailed Summary for Necessity Defences £7.66
Add to cart

Summary

Detailed Summary for Necessity Defences

 7 views  0 purchase

Ace your A-level law exams with our concise study summary on necessity defenses! Simplifying complex legal concepts, this summary offers clear explanations and key case studies essential for mastering this crucial topic. Perfect for focused revision and exam preparation, it's your go-to resource to...

[Show more]

Preview 1 out of 3  pages

  • June 29, 2024
  • 3
  • 2023/2024
  • Summary
All documents for this subject (102)
avatar-seller
amiratsanusi
A review of general defences: Necessity

Usually acquits a defendant of a crime, unless insanity is proved
By this, they are ‘not guilty by reason of insanity’

Capacity defences: Insanity, Automatism, Intoxication
Necessity Defences: Duress, Self-defence


Self-defence/ prevention of crime

1. Public defence: In the interests of the public and defined under S3 of the Criminal
Law Act 1967. “A person who may use such force as is reasonable in the
circumstances in the prevention of a crime”

2. Private defence: In the interests of oneself, others and property

This defence can be relied on if their action was necessary due to:
 a threat of unjustified harm to themselves
 a threat of unjustified harm to someone else or to property
 a need to prevent a crime

Was the force necessary?
1. Whether the person could have retreated from the situation (Bird – ex appeared at
birthday broke into a fight after he slapped her)
2. Whether the threat was imminent (Malnik v DPP 1989)
3. Whether the defendant made some mistake which caused them to think the action was
justified (Gladstone Williams 1971 – attacked a person who was actually tackling
someone who had just mugged another person)

What is reasonable force?

• Was the force used proportionate to what was done to D? (Clegg)
• Was the force considered excessive in the circumstances? (Martin)

Mistake and self-defence
 If there was a genuine mistake on facts, then mistake can be used with self-defence
(Williams 1987) but a drunken mistake will not be self-defence


Duress
Defined as: Where a person commits a crime because they were acting under threat of death
or serious personal injury to themselves or another. This could also fall within self-defence.

R v Symonds (1998) - Self-defence should be the preferred defence for offences against the
person and duress for other offences such as theft or robbery.

There are two types of duress: duress by threats and duress by circumstances

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller amiratsanusi. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £7.66. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

56326 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling
£7.66
  • (0)
Add to cart
Added