Criminal Law: Defences Lecture 47-49

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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?

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?

Private defence

Duress

Obedience to superior orders

Necessity (correct)

What are the three defences excluding criminal capacity?

Mental illness or defect, youth, and intoxication Signup and view all the answers

What must the accused prove regarding their mental illness or defect?

All of the above Signup and view all the answers

What is a requirement for proving mental illness or defect as a defence?

The accused must prove it on balance of probabilities Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is the effect of a successful defence that excludes unlawfulness?

The requirements for criminal liability as a whole have not been satisfied Signup and view all the answers

What is the purpose of the private defence of person?

To protect a legally relevant protected interest from an unlawful attack Signup and view all the answers

What is the significance of the 'impossibility' defence?

It excludes criminal liability due to impossibility of committing the crime Signup and view all the answers

What is the 'obedience to superior orders' defence?

A defence that excludes unlawfulness due to following orders from a superior Signup and view all the answers

What is the 'necessity' defence?

A defence that excludes liability due to an unavoidable situation Signup and view all the answers

What is the 'compulsion' defence?

A defence that excludes liability due to duress Signup and view all the answers

What is the 'duress' defence?

A defence that excludes liability due to coercion or threats Signup and view all the answers

What is the relationship between the 'necessity' and 'compulsion' defences?

They are both defences that exclude liability due to an unavoidable situation or coercion Signup and view all the answers

What defence is applicable when an individual breaks the law to avoid a more serious consequence in a sudden emergency?

Necessity Signup and view all the answers

What is the defence known as when an individual is forced to act under circumstances beyond their control?

Compulsion Signup and view all the answers

Under what circumstances is an individual justified in breaking the law?

When faced with a sudden emergency Signup and view all the answers

What defence is raised when an individual is forced to act under threat or coercion?

Duress Signup and view all the answers

When is an individual not criminally liable for an act defined as a crime?

When the act was justified by the circumstances Signup and view all the answers

What is the defence known as when an individual acts under superior orders or authority?

Obedience to superior orders Signup and view all the answers

When is an individual exempt from criminal liability due to circumstances beyond their control?

When the act was impossible to avoid Signup and view all the answers

What is the key difference between necessity and duress?

Necessity involves an emergency, while duress involves a threat Signup and view all the answers