general defences

General defences
General theory of defences

Justification: D should e e acquitteed e ecause they ditd the riththt thitnht.
Excuse: D ditd the wronht thitnht, e ut itt would e e unfaitr to punitsh them.

Exemptions: (itn)capacittiess; D its not a normal sue eect of critmitnal law.

Types of defences

Justifications

 Self defence
 Necessitty

Excuses

 Duress

Exemptions

 Infancy
 Insanitty

If successful, they lead to acquitteallnot htuitlty verditct. These apply to all critmes- except duress whitch
does not apply to murder.

Duress
Duress e y threat: D committs a critme e ecause of threats e y a person that he (or someone else) witll
e e kitlledlseritously hurt.

Duress of citrcumstances: sitmitlar to duress e y threat, e ut D its not threatened e y a person.

Duress its a common law defence.

Duress its not a defence to:

 Treason ofences
 Murder
 Murder as a secondary party
 Ateempted murder

‘A person ouhtht rather to dite hitmself than to escape e y the murder of another’

Howe et al 1987-

Witlson 2007-

Gotes 1992-



Questions of scope

1. How seritous must the threat e e?