Defences of Criminal Law 2

View mindmap
  • Defences of Criminal Law 2
    • Necessity of Circumstance
      • No general defence of necessity
      • Available as defence to to all offences
      • Must be evidence of necessity
      • Requirements
        • No more should be done that is reasonably necessary for the purpose to be achieved
        • The act is needed to avoid inevitable and irreparable evil
        • The evil inflicted must not disproportionate to the evil avoided
        • Was D impelled to act as he did as a result of what he reasonably believed to be the situation he had good cause to fear that otherwise death or serious physical injury would result?
          • If so, would a sober person of reasonable firmness sharing sharing the characteristics of D have responded to that situation by acting as D acted?
      • Duress of Circumstance
        • Where successful provides complete defence
        • Defence generally available though not charges of murder or attempted murder
        • Developed by analogy with duress by threats
    • Consent
      • Consent must be genuine
      • Is there a defence of consent in criminal law?
        • What are the potential circumstance by which it may be enforced?
      • Requirements
        • The consent must not be vitiated by fraud
        • The person giving consent must comprehend the nature of the act to which they are consenting
      • Issues of capacity:
        • Presumption of capacity under Mental Capacity Act 2005
        • Some adults may lack capacity
        • A person may be found to lack capacity if at the material time they are unable to make a decision in relation to the matter because of temporary or permanent impairment or disturbance in the functioning of the mind or brain
      • Fraud
        • Only vitiate consent where it related to...
          • The nature and quality of the act
          • Sexual offences
          • The identity of the person

Comments

No comments have yet been made

Similar Criminology resources:

See all Criminology resources »See all Defences resources »