24 Questions
When can allowances be made for the exigencies of a situation?
When the accused reacts in a moment of crisis
What is a requirement for the defence of private defence?
The force must have been directed against the unlawful attacker
What defence may be raised in the case of harming an innocent third person?
Necessity
What are the three defences excluding criminal capacity?
Mental illness or defect, youth, and intoxication
What must the accused prove regarding their mental illness or defect?
All of the above
What is a requirement for proving mental illness or defect as a defence?
The accused must prove it on balance of probabilities
What is the consequence if an accused lacks the capacity for insight?
They are incapable of appreciating the moral and legal wrongfulness of their conduct
What is the consequence if an accused lacks the capacity for self-control?
They are incapable of governing their behaviour to act in accordance with the law
What is the effect of a successful defence that excludes unlawfulness?
The requirements for criminal liability as a whole have not been satisfied
What is the purpose of the private defence of person?
To protect a legally relevant protected interest from an unlawful attack
What is the significance of the 'impossibility' defence?
It excludes criminal liability due to impossibility of committing the crime
What is the 'obedience to superior orders' defence?
A defence that excludes unlawfulness due to following orders from a superior
What is the 'necessity' defence?
A defence that excludes liability due to an unavoidable situation
What is the 'compulsion' defence?
A defence that excludes liability due to duress
What is the 'duress' defence?
A defence that excludes liability due to coercion or threats
What is the relationship between the 'necessity' and 'compulsion' defences?
They are both defences that exclude liability due to an unavoidable situation or coercion
What defence is applicable when an individual breaks the law to avoid a more serious consequence in a sudden emergency?
Necessity
What is the defence known as when an individual is forced to act under circumstances beyond their control?
Compulsion
Under what circumstances is an individual justified in breaking the law?
When faced with a sudden emergency
What defence is raised when an individual is forced to act under threat or coercion?
Duress
When is an individual not criminally liable for an act defined as a crime?
When the act was justified by the circumstances
What is the defence known as when an individual acts under superior orders or authority?
Obedience to superior orders
When is an individual exempt from criminal liability due to circumstances beyond their control?
When the act was impossible to avoid
What is the key difference between necessity and duress?
Necessity involves an emergency, while duress involves a threat
Learn about criminal law defences, including standard justification defences and private defence of person. Understand the requirements for each defence and how to apply them.
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