Self-Defence and Consent

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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
    • 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)
      • 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


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