Defences 2: Necessity Defences (AQA A-Level Law): Quizzes
📚Quizzes
Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
What type of defence are self-defence, duress by threats, and duress of circumstances?
What type of defence are self-defence, duress by threats, and duress of circumstances?
Complete defences
How many tests must be satisfied for self-defence to succeed?
How many tests must be satisfied for self-defence to succeed?
Two - necessity and reasonableness
Can a defendant use a pre-emptive strike in self-defence?
Can a defendant use a pre-emptive strike in self-defence?
Yes, if they believe attack is imminent
What level of force can householders use against intruders under s76 CJIA 2008?
What level of force can householders use against intruders under s76 CJIA 2008?
Disproportionate but not grossly so
Which crimes is duress by threats NOT available as a defence for?
Which crimes is duress by threats NOT available as a defence for?
Murder, attempted murder, probably treason
What does the first part of the Graham test for duress by threats assess?
What does the first part of the Graham test for duress by threats assess?
Reasonable belief of death/injury threat
What type of threat is required for duress by threats to apply?
What type of threat is required for duress by threats to apply?
Death or serious injury only
What does the 'nexus requirement' in Cole (1994) mean for duress by threats?
What does the 'nexus requirement' in Cole (1994) mean for duress by threats?
Connection between threat & crime committed
How does duress of circumstances differ from duress by threats?
How does duress of circumstances differ from duress by threats?
Reacting to circumstances not direct threat
Can a defendant use mistaken self-defence if the mistake was caused by intoxication?
Can a defendant use mistaken self-defence if the mistake was caused by intoxication?
No - O'Grady (1987) prevents this