Self Defence Duress by threats
Necessity Defenses
1. Must be necessary to use some force R v graham =
(subjective - R v Williams);
1. compelled to act due to fear of death or serious injury;
2. Degree of force must be reasonable (r v
2. Objective test.
Palmer - 'good law')
----------------------(only above is graham test)
S(3)(1) of Criminal Law Act 1967 = "A person
may use such force as is reasonable in the 3. Must be a threat of death or GBH (R v Wright - can be to 3rd
circumstances in the prevention of crime"; person);
S(76)(4) Criminal Justice and Immigration act 4. Must be a nexus between crime nominated and crime
2008 = Can rely on defence even if a mistake of committed. (r v cole)
judgement
*Duress not available if entered into a voluntary association e.g. a
No obligation to show duty to retreat for gang (R v Sharp) or if forseen threats
defence to be available. is only a factor that
helps defence – R v bird *Is their an opportunity to take evasive action
Mistaken belief due to voluntary Intoxication - not a defence to murder Duress by circumstance
self defence likely not availoable - s76.5
Must be dangerous circumstances.
Pre-emptive strikes can be used (r v
Deana)
Re A (can be a defence to murder)=
1. – Must try to Avoid evil,
2. - No more done than
reasonable necessary,
3. - Evil inflicted not
disproportionate to evil
avoided.
R v Martin =
1. Objective test,
2. Graham test
Necessity Defenses
1. Must be necessary to use some force R v graham =
(subjective - R v Williams);
1. compelled to act due to fear of death or serious injury;
2. Degree of force must be reasonable (r v
2. Objective test.
Palmer - 'good law')
----------------------(only above is graham test)
S(3)(1) of Criminal Law Act 1967 = "A person
may use such force as is reasonable in the 3. Must be a threat of death or GBH (R v Wright - can be to 3rd
circumstances in the prevention of crime"; person);
S(76)(4) Criminal Justice and Immigration act 4. Must be a nexus between crime nominated and crime
2008 = Can rely on defence even if a mistake of committed. (r v cole)
judgement
*Duress not available if entered into a voluntary association e.g. a
No obligation to show duty to retreat for gang (R v Sharp) or if forseen threats
defence to be available. is only a factor that
helps defence – R v bird *Is their an opportunity to take evasive action
Mistaken belief due to voluntary Intoxication - not a defence to murder Duress by circumstance
self defence likely not availoable - s76.5
Must be dangerous circumstances.
Pre-emptive strikes can be used (r v
Deana)
Re A (can be a defence to murder)=
1. – Must try to Avoid evil,
2. - No more done than
reasonable necessary,
3. - Evil inflicted not
disproportionate to evil
avoided.
R v Martin =
1. Objective test,
2. Graham test
