Defences (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Type of defence: necessity defences
Type of defence: necessity defences
Complete defences (full acquittal)
Two elements required for self-defence
Two elements required for self-defence
Necessity (subjective) & reasonableness (objective)
Duty to retreat before using self-defence?
Duty to retreat before using self-defence?
No duty to retreat
Force householders can use vs intruders
Force householders can use vs intruders
Disproportionate (not grossly disproportionate)
Crimes where duress by threats unavailable
Crimes where duress by threats unavailable
Murder, attempted murder, probably treason
Graham test for duress by threats
Graham test for duress by threats
Reasonable belief of threat + reasonable person test
Type of threat needed for duress by threats
Type of threat needed for duress by threats
Death or serious injury (GBH)
Imminence requirement for duress threats
Imminence requirement for duress threats
Immediate or almost immediate (Hasan 2005)
Nexus in duress by threats (Cole 1994)
Nexus in duress by threats (Cole 1994)
Link between crime threatened & crime committed
Other name for duress of circumstances
Other name for duress of circumstances
Necessity