DEFENCES SEMINAR
Questions
1. Aidan has been burgled twice in the last 6 months. He lives alone and has become
very angry and insecure as a result of the burglaries of his property. He arms himself
with a shotgun to defend himself in case an intruder enters his house.
Oscar, a 16-year old boy, is a member of a football team. On the way home from
football practice he accidentally kicks his football into Aidan’s back garden. Oscar
climbs over the wall of Aidan’s back garden in order to retrieve the ball. It is eight
o’clock at night and it is dark outside.
Aidan has been watching TV with his shotgun by his side; as soon as he hears
someone entering the back garden, he picks up his shotgun and opens a window at
the back of the house. Through the window, he sees Oscar in the garden and shouts
at him that he should ‘get out of here right now!’ Oscar is terrified and is momentarily
frozen. He has the football in his hands.
Aidan is uncertain whether or not Oscar will attack him. Aidan fires one shot; he is a
poor shot, so the bullet just grazes Oscar's arm.
Discuss the criminal liability of Aidan and comment critically on the law you have
applied. You will need to come to the seminar prepared to discuss the possible
offences Aidan could be liable for, whether he can potentially rely upon any defences,
and whether you think the law you have applied is satisfactory.
2. Can you think of reasons why duress is not a defence for murder? Do you agree?
Why (not)?
3.Analyse the extent to which consent ought to negate liability for the infliction of bodily
harm. In constructing your answer, please make reference to the treatment of i)
horseplay, ii) disease transmission and, iii) sexually motivated violence
Questions
1. Aidan has been burgled twice in the last 6 months. He lives alone and has become
very angry and insecure as a result of the burglaries of his property. He arms himself
with a shotgun to defend himself in case an intruder enters his house.
Oscar, a 16-year old boy, is a member of a football team. On the way home from
football practice he accidentally kicks his football into Aidan’s back garden. Oscar
climbs over the wall of Aidan’s back garden in order to retrieve the ball. It is eight
o’clock at night and it is dark outside.
Aidan has been watching TV with his shotgun by his side; as soon as he hears
someone entering the back garden, he picks up his shotgun and opens a window at
the back of the house. Through the window, he sees Oscar in the garden and shouts
at him that he should ‘get out of here right now!’ Oscar is terrified and is momentarily
frozen. He has the football in his hands.
Aidan is uncertain whether or not Oscar will attack him. Aidan fires one shot; he is a
poor shot, so the bullet just grazes Oscar's arm.
Discuss the criminal liability of Aidan and comment critically on the law you have
applied. You will need to come to the seminar prepared to discuss the possible
offences Aidan could be liable for, whether he can potentially rely upon any defences,
and whether you think the law you have applied is satisfactory.
2. Can you think of reasons why duress is not a defence for murder? Do you agree?
Why (not)?
3.Analyse the extent to which consent ought to negate liability for the infliction of bodily
harm. In constructing your answer, please make reference to the treatment of i)
horseplay, ii) disease transmission and, iii) sexually motivated violence
