Podcast
Questions and Answers
When can allowances be made for the exigencies of a situation?
When can allowances be made for the exigencies of a situation?
- When the accused intentionally harms an innocent third person
- When the accused reacts in a moment of crisis (correct)
- When the accused has had time to weigh up their options
- When the accused is faced with an unlawful attacker
What is a requirement for the defence of private defence?
What is a requirement for the defence of private defence?
- The force must have been directed against the unlawful attacker (correct)
- The accused must have intentionally harmed the attacker
- The accused must have retaliated against an innocent third person
- The accused must have had time to weigh up their options
What defence may be raised in the case of harming an innocent third person?
What defence may be raised in the case of harming an innocent third person?
- Private defence
- Duress
- Obedience to superior orders
- Necessity (correct)
What are the three defences excluding criminal capacity?
What are the three defences excluding criminal capacity?
What must the accused prove regarding their mental illness or defect?
What must the accused prove regarding their mental illness or defect?
What is a requirement for proving mental illness or defect as a defence?
What is a requirement for proving mental illness or defect as a defence?
What is the consequence if an accused lacks the capacity for insight?
What is the consequence if an accused lacks the capacity for insight?
What is the consequence if an accused lacks the capacity for self-control?
What is the consequence if an accused lacks the capacity for self-control?
What is the effect of a successful defence that excludes unlawfulness?
What is the effect of a successful defence that excludes unlawfulness?
What is the purpose of the private defence of person?
What is the purpose of the private defence of person?
What is the significance of the 'impossibility' defence?
What is the significance of the 'impossibility' defence?
What is the 'obedience to superior orders' defence?
What is the 'obedience to superior orders' defence?
What is the 'necessity' defence?
What is the 'necessity' defence?
What is the 'compulsion' defence?
What is the 'compulsion' defence?
What is the 'duress' defence?
What is the 'duress' defence?
What is the relationship between the 'necessity' and 'compulsion' defences?
What is the relationship between the 'necessity' and 'compulsion' defences?
What defence is applicable when an individual breaks the law to avoid a more serious consequence in a sudden emergency?
What defence is applicable when an individual breaks the law to avoid a more serious consequence in a sudden emergency?
What is the defence known as when an individual is forced to act under circumstances beyond their control?
What is the defence known as when an individual is forced to act under circumstances beyond their control?
Under what circumstances is an individual justified in breaking the law?
Under what circumstances is an individual justified in breaking the law?
What defence is raised when an individual is forced to act under threat or coercion?
What defence is raised when an individual is forced to act under threat or coercion?
When is an individual not criminally liable for an act defined as a crime?
When is an individual not criminally liable for an act defined as a crime?
What is the defence known as when an individual acts under superior orders or authority?
What is the defence known as when an individual acts under superior orders or authority?
When is an individual exempt from criminal liability due to circumstances beyond their control?
When is an individual exempt from criminal liability due to circumstances beyond their control?
What is the key difference between necessity and duress?
What is the key difference between necessity and duress?
