Deck 11: Defences

Question 1

A defendant can only use private defence if he is facing an ____ threat from the victim.

Answer 1

unjust
Explanation: Private defence is not available in response to a justified threat or if the threat comes from someone other than the victim.

Question 2

Which of the following best explains why Tony Martin was not able to use private defence when he shot two men trespassing on his property?

A) He used an unlicensed gun.
B) He was facing a justified threat.
C) The amount of force he used was not reasonable.
D) It was his fault that the men were on his property.

Answer 2

C
Explanation: The jury had decided that to shoot the men who were running away from him was an unreasonable amount of force in the circumstances.

Question 3

Only in the most unusual of cases will the defence of necessity be available to a charge of murder.

Answer 3

True
Explanation: Re A (Conjoined Twins) is a rare example of a case where necessity was held to be available to a charge of murder.

Question 4

Which of the following statements best represents the current law on corporal punishment of children?

A) Parents have a defence to any criminal charge connected to corporal punishment of children.
B) Parents are permitted to use a reasonable level of corporal punishment of children unless they cause actual bodily harm or a more serious injury
C) Parents are permitted to use corporal punishment of children unless the amount of force used is unreasonable.
D) Parents may never hit their children.

Question 5

Duress is a complete defence to all crimes.

Question 6

Which of the following are elements of the defence of duress? [Please select all that apply]

A) The defendant must act because of the threat or circumstance.
B) The threat must be one of death or grievous bodily harm.
C) The defendant must act reasonably in response to the threat.
D) The threat must come from the victim.

Question 7

Which of the following are elements of the automatism defence? [Please select all that apply]

A) The defendant is suffering from an abnormality of mind.
B) The defendant has suffered a complete loss of voluntary control.
C) The automatism was caused by an external factor
D) The defendant was not at fault in losing capacity.

Question 8

A defendant seeking to rely on insanity can either claim that he was insane when he committed the act or that he is insane at the time of trial (or both).

Question 9

The legal test for insanity is set out in the ____ rules.

Question 10

A child under the age of ___ cannot commit a crime.