Deck 14: Defences II: General Defences

Question 1

Which ONE of the following cases is authority for the principle that a mistaken belief that the use of force is necessary will not preclude the defence of self-defence?

A) Bird (1985)
B) Williams (Gladstone) (1987)
C) Beckford (1988)
D) O'Grady (1987)

Answer 1

B

Question 2

Boris attends Ken's stag do. After many drinks, Boris takes to the dance floor in an attempt to impress a girl. When Ken hears a Bee Gees tune being played, he runs to the dance floor in excitement. Boris sees Ken running towards him with a fist in the air and mistakenly believes that Ken is about to strike him. Boris punches Ken in the face, knocking him to the floor. Boris is charged with battery and wishes to plead self-defence. Which of the following statements is most likely to be true?

A) Boris will be able to rely on the defence of self-defence
B) Boris will not be able to rely on self-defence because he struck Ken first
C) Boris will not be able to rely on self-defence because mistake precludes the defence
D) Boris will not be able to rely on self-defence because his mistake was due to intoxication

Answer 2

D

Question 3

Which of the following factors is NOT a relevant consideration in determining whether a defence of self-defence will be successful?

A) Whether the force used was reasonable in the circumstances as the defendant believed them to be
B) Whether the defendant acted in the heat of the moment
C) The defendant's psychiatric condition in respect of whether or not the defendant used reasonable force
D) Whether the defendant's mistaken belief that the use of force was necessary was an honest one

Answer 3

C

Question 4

Which of the following statements is true in respect of the burden of proof for self-defence?

A) The prosecution bear the evidential burden and the legal burden
B) The defence bear the evidential burden and the legal burden
C) The defence bear the evidential burden and the prosecution bear the legal burden
D) The prosecution bear the evidential burden and the defence bear the legal burden

Question 5

Which ONE of the following threats does duress NOT apply to?

A) Threats of death towards the defendant
B) Threats of serious injury towards the defendant's wife of 20 years
C) Threats of serious injury towards the defendant's girlfriend of 1 month
D) Threats of serious financial ruin

Question 6

Which of the following characteristics may NOT be taken into account in determining whether a sober person of reasonable firmness sharing the characteristics would have responded to the threats as the defendant did?

A) Self-induced abuse of drugs
B) Clinically recognised psychiatric condition
C) Serious physical disability
D) Pregnancy

Question 7

Kevin, a money lender, threatens to cause serious injury to Paul unless Paul repays Kevin the £15,000 he owes him. As a result of these threats, Paul carries out an armed robbery on a bank and obtains £15,000 to pay Kevin. Paul is charged with robbery. Which of the following statements is true?

A) Paul will be able to rely on the defence of duress to excuse his conduct in carrying out the robbery
B) Paul will not be able to rely on the defence of duress because there is an insufficient nexus between the threat and the robbery
C) Paul will be able to rely on the defence of duress to justify his conduct in carrying out the robbery
D) Paul will not be able to rely on the defence of duress because it is no defence to robbery

Question 8

Which ONE of the following cases is authority for the principle that duress is no defence to attempted murder?

A) Gotts (1992)
B) Graham (1982)
C) Howe (1987)
D) Abbott v R (1977)