Question 1

Which ONE of the following cases is authority for the principle that a mistaken belief that the use of force is necessary will not preclude the defence of self-defence?

Accepted Answer

Williams (Gladstone) (1987) is the case that established the principle that a mistaken belief that the use of force is necessary can still allow for the defence of self-defence, as long as the belief was honestly held, even if it was unreasonable.

Question 2

Boris attends Ken's stag do. After many drinks, Boris takes to the dance floor in an attempt to impress a girl. When Ken hears a Bee Gees tune being played, he runs to the dance floor in excitement. Boris sees Ken running towards him with a fist in the air and mistakenly believes that Ken is about to strike him. Boris punches Ken in the face, knocking him to the floor. Boris is charged with battery and wishes to plead self-defence. Which of the following statements is most likely to be true?

Accepted Answer

Boris's mistake about Ken's intentions was due to his intoxication, which generally precludes the use of self-defence as a legal defence.

Question 3

Which of the following factors is NOT a relevant consideration in determining whether a defence of self-defence will be successful?

Accepted Answer

The defendant's psychiatric condition is not a relevant consideration in determining whether a defence of self-defence will be successful.

Question 4

Which of the following statements is true in respect of the burden of proof for self-defence?

Accepted Answer

In self-defence cases, the defence has the evidential burden to raise the issue, but once raised, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defence, thus bearing the legal burden.

Question 5

Which ONE of the following threats does duress NOT apply to?

Accepted Answer

Duress typically applies to threats of physical harm or death, not financial threats.

Question 6

Which of the following characteristics may NOT be taken into account in determining whether a sober person of reasonable firmness sharing the characteristics would have responded to the threats as the defendant did?

Accepted Answer

Self-induced abuse of drugs is not a characteristic that would be considered relevant in determining how a sober person of reasonable firmness would respond to threats, as it is a voluntary condition.

Question 7

Kevin, a money lender, threatens to cause serious injury to Paul unless Paul repays Kevin the £15,000 he owes him. As a result of these threats, Paul carries out an armed robbery on a bank and obtains £15,000 to pay Kevin. Paul is charged with robbery. Which of the following statements is true?

Accepted Answer

The answer of Kevin, a money lender, threatens to cause...

Question 8

Which ONE of the following cases is authority for the principle that duress is no defence to attempted murder?

Accepted Answer

Gotts (1992) is the case that established that duress is not a defense to a charge of attempted murder.

Quiz 14: Defences II: General Defences