Trepass - False Im / Defences 3.0 / 5 based on 1 rating ? AllUniversityNone Created by: JamilaCreated on: 07-04-13 23:44 False Imprisonment Intentional, reckless direct act which unlawfully restricts freedom of movement 1 of 17 Lawful authorisation - Austin v Dowling Held till could be brought to cases. 2 of 17 Lawful authorisation - Davidson v Chief Cons of North Walse arrested thought to have stolen clothes. Not charged found to havent. But legal imprisonn 3 of 17 Austin v UK 4 apps held due to marches. No violation necessity. 4 of 17 Intent, Iqbal v Prisoners Officers Assoc no false imprisonment as the mere failure of the prison officers to work at the prison involved no positive action on their part 5 of 17 Complete restriction, Bird v Jones D did not totally restrict his movements. D merely did not allow P to go where he wanted to go. 6 of 17 Complete restriction, Herd v Weardale steel, coke and coal Miner who wanted to leave the mine, was not joined the job not imprisonment 7 of 17 D's state of mind- Ex P Evans Belived he held individuals in prison for longer than he should have. 8 of 17 D's State of mind- Clarke v Crerw, Anor Miscalcuated. 9 of 17 C's mind - Heering v Boyle No they must know for someone to be liabel ...changed by ... 10 of 17 C's Mind- meering - grahame - white No they need not know to argue a claim. 11 of 17 Nervous Shock Wilks v Downton - intentionally scared the individuals 12 of 17 Defences - Consent Blake v Galloway, Freeman v Home Office , R v Tobassum 13 of 17 Defences - Self Defence Ashley v Chief Constable west sussex 14 of 17 Defences - Self Defence - Proportionality Lockroft v Smith, Lane v Holloway 15 of 17 Defences - Derfending Property Revill v Newbury 16 of 17 Defences , Necessity - R v Bournewood Mental Health Trust, Rigby v Chief Constable Northamptonshire 17 of 17
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