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Summary Criminal Law LL108 - Defences

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These notes are a complete collection of my lecture notes, reading, and extra investigation into the the particular topic. They are fully structured, and have a contents page at the very top, in order to ensure that the ideas and arguments within are easy to navigate. At certain points, I have arranged the notes into an argumentative form. This means that I have taken certain ideas, organised them into arguments, and presented both sides of a contentious proposition. This allows future students to have mini essay plans that they can use to answer parts of an exam question, without having to make major modifications to what they have learnt or, even worse, come up with new arguments on the spot.

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June 19, 2017
Number of pages
18
Written in
2016/2017
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Summary

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Criminal Law (LL108) - Defences

Contents
1. Consent
1.1. Limited scope
1.2. Exceptions under R v Brown
1.3. Cases following R v Brown
1.4. Consent and Sexual Offences
1.5. Consent and Theft/Fraud
1.6. Consent where extent of harm is not foreseen
2. Duress
2.1. The two types of duress
2.2. Legal requirements
2.3. Duress of circumstances
2.4. Analysing the specific requirements of duress
2.5. Duress is not a defence to homicide-related charges
3. Necessity
3.1. Cases denying any existence of necessity
3.2. Cases supporting a limited defence of necessity
3.3. Miscellaneous Notes
4. Normative Questions and ideas
4.1. Should Consent be an absolute defence in the criminal law? (Baker’s argument)
4.2. Issues relating to Necessity
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