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Which of the following is generally viewed as FALSE?

Self-defence is a justificatory defence. correct incorrect

Self-defence is an excusatory defence. correct incorrect

Self-defence operates to negate the actus reus of the offence. correct incorrect

Self-defence is successful only where the force used by D was reasonable. correct incorrect

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Which two sources of law govern the defences of self-defence?

The common law correct incorrect

The Criminal Law Act 1967 s. 3 correct incorrect

Both (a) and (b) correct incorrect

The Criminal Justice and Immigration Act 2008 s. 76 correct incorrect

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Which of the following is FALSE?

The defences (both at common law and under the Criminal Law Act 1967) operate the same rules. correct incorrect

In most self-defence situations, D will be able to rely on either defence. correct incorrect

Where D makes a mistake about the need to use force, his only defence is the common law defence. correct incorrect

Where D makes a mistake about the need to use force, his only defence is under the Criminal Law Act 1967 s. 3. correct incorrect

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In determining whether the force used was reasonable, which of the following is FALSE?

D is assessed entirely by whether the reasonable man would have done what the defendant did. correct incorrect

It is to be decided by reference to the circumstances as D believed them to be. correct incorrect

The reasonableness of D's belief is relevant to the question of whether D genuinely held that belief. correct incorrect

If it is determined that D did genuinely hold a particular belief, D is entitled to rely on it, even if it was mistaken. correct incorrect

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In determining whether the force used was proportionate, which of the following is FALSE?

The degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances. correct incorrect

That a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action. correct incorrect

That evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose. correct incorrect

The only assessment of proportionality is by reference to the circumstances as D believed them to be. correct incorrect

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Which of the following is TRUE?

If D uses force which is disproportionate, self-defence succeeds provided the force is nevertheless reasonable. correct incorrect

If D uses disproportionate force, liability is reduced to a lesser crime. correct incorrect

If successful, self-defence negates the actus reus of the offence and D is acquitted. correct incorrect

The Law Commission has recommended the abolition of self-defence. correct incorrect

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Which of the following is a factual example of where D may plead duress by threats?

Two men approach D's car and D drives off dangerously (which is a criminal offence), aware that his passenger has been the subject of previous threats on his life. correct incorrect

D hijacks a plane (which is a criminal offence) in order to escape deportation to a country where he will face execution. correct incorrect

D persuades another to give him their gun to stop the other using it to commit a crime. D is therefore ends up in possession of a firearm, which is a criminal offence. correct incorrect

D imports a quantity of cocaine (a crime) because she was threatened with death, and the death of her boyfriend, if she did not do so. correct incorrect

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Which of the following is FALSE?

The defence of duress fails if the prosecution can prove D did not actually feel compelled to commit the crime. correct incorrect

The defence of duress fails if the prosecution can prove D was not threatened with death or serious injury or the situation would not cause death or serious injury. correct incorrect

The defence of duress fails if the prosecution can prove D was not threatened with death or serious injury either to himself, a member of his immediate family, or to person for whose safety D would reasonably regard himself as responsible. correct incorrect

The defence of duress fails if the prosecution can prove the person of reasonable firmness would have done the same as D. correct incorrect

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When discussing whether necessity exists separately to the defence of duress of circumstances, which of the following should be viewed as IRRELEVANT to the debate?

The House of Lords held in Howe (1987) that duress is not available as a defence to a charge of murder, but in Re A (Children) (Conjoined Twins: Surgical Separation) (2001) Brooke LJ held that were the doctors to be charged with murder, necessity would afford them a defence. correct incorrect

The courts have tended to use the terms necessity and duress synonymously which does lead us to think they are one and the same defence, but this has not been clarified by an appeal court. correct incorrect

The decision in Dudley and Stephens (1843) is ambiguous about whether the defence of necessity failed, or did not exist at all. correct incorrect

If a person voluntarily becomes or remains associated with others engaged in criminal activity in a situation where he knows or ought reasonably to know that he may be the subject of compulsion to commit crime by them or their associates, he cannot rely on the defence of duress. correct incorrect

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Which of the following is NOT an element of the defence of necessity as stated by Brooke LJ in Re A (Children) (Conjoined Twins: Surgical Separation) (2001)?

The act was required to avoid inevitable and irreparable evil. correct incorrect

No more would be done than was reasonably necessary for the purpose to be achieved. correct incorrect

The evil to be inflicted was not disproportionate to the evil avoided. correct incorrect

The evil to be avoided would have followed immediately if the act taken to avoid it were not taken. correct incorrect