Self-Defence and Consent
- Created by: Sian Bretherton
- Created on: 09-06-15 11:44
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- Defences
- Self-Defence
- Two questions: was the force used reasonable? was the force used necessary
- Necessaity of force disappears when danger has passed = no defence (Hussain)
- Mistaken use of force in self-defence. If this is honestly held by the D there may be a defence (Gladstone Williams)
- If the mistake was a drunken mistake then they will be no defence (O'Grady)
- There can be a pre-emptive strike. The force was reasonable to what the D expected (Bird)
- Burden of Proof = Prosecution. DEFENCE have to raise the defence
- There has to be facts taken into consideration and the circumstances in order for the degree of force to be taken into consideration
- Two questions: was the force used reasonable? was the force used necessary
- Consent
- Raised by DEFENCE. Burden of Proof = PROSECUTION
- Assisted Suicide cannot be consented to as it is illegal in the UK (Pretty v DPP)
- Can only consent to a battery, nothing above (Brown)
- Sexual transmitting of diseases cannot be consented as the V isn't convicting to the nature and quality of the act (Dica & Olugbola)
- Age does not negate consent as long as they know nature and quality of the act (Burrel v Harmer)
- Can only consent to a battery, nothing above (Brown)
- Consent must be REAL and the victim must know the REAL nature and quality of the act they are consenting too
- Legally recognised exceptions: horseplay, tattooing/piercing, contact games and sports, practical jokes and surgery
- Mistakes for consent means no defence of consent and also duress will mean no defence too
- Self-Defence
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