Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the remaining general defences: self-defence, protection of another, and the prevention of crime, duress, duress of circumstances, and necessity. A defendant may rely on self-defence where he honestly believes that use of force is necessary in order to protect him and the force used is reasonable. The issue of duress arises where the defendant is threatened that he must commit a criminal offence or suffer physical injury or injury to his family. Duress excuses a defendant’s behaviour as a concession to human frailty, whereas necessity justifies it. Necessity does not require a threat made by a person of death or physical injury, but merely a choice between two evils.
Chapter
14. Defences II: general defences
Chapter
6. General defences
Michael J. Allen and Ian Edwards
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses general defences of duress, necessity, and private defence and prevention of crime. Duress relates to the situation where a person commits an offence to avoid the greater evil of death or serious injury to themselves or another threatened by a third party. Necessity relates to the situation where a person commits an offence to avoid the greater evil to themselves or another, which would ensue from objective dangers arising from the circumstances in which they or that other are placed. An accused charged with a violent offence may seek to plead that they acted as they did to protect themselves, or their property, or others from attack; or to prevent crime; or to effect a lawful arrest. A Law in Context feature considers the availability of the duress defence for coerced women in abusive relationships.
Chapter
6. General defences
Michael J. Allen and Ian Edwards
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses general defences of duress, necessity, and private defence and prevention of crime. Duress relates to the situation where a person commits an offence to avoid the greater evil of death or serious injury to himself or another threatened by a third party. Necessity relates to the situation where a person commits an offence to avoid the greater evil to himself or another, which would ensue from objective dangers arising from the circumstances in which he or that other are placed. An accused charged with a violent offence may seek to plead that he acted as he did to protect himself, or his property, or others from attack; or to prevent crime; or to effect a lawful arrest.
Book
Janet Loveless, Mischa Allen, and Caroline Derry
Complete Criminal Law offers a student-centred approach to the criminal law syllabus. Clear explanations of general legal principles are combined with fully integrated extracts from leading cases and a wide range of academic materials. This text aims to engage the reader in an active approach to learning and to stimulate reflection about the role of criminal law, offering a complete guide to the LLB/GDL criminal law syllabus with extracts from key cases, academic materials, and explanatory text integrated into a clear narrative. It provides a range of pedagogical features, including concise summaries, diagrams, and examples. Thinking points are included to facilitate and reinforce understanding. Students are referred to the social and moral context of the law, wherever relevant, to encourage them to engage fully with the topical subject matter. This new edition includes coverage of several recent cases of importance including: R v Aidid [2021] (voluntary intoxication), Barton and Booth [2020] (dishonesty), Broughton [2020] and Long, Bowers and Cole [2020] (involuntary manslaughter), Damji [2020] (strict liability: reasonable excuse), Dawson [2021] and Singh [2020] (loss of control), DPP v M [2020] (defence of compulsion), Ivor and Others v R [2021], Lawrance [2020], and Attorney-General’s Reference (Section 36 of the CJA 1972) (No 1 of 2020) [2020] (sexual offences), Lanning and Camille [2021] (joint venture: overwhelming supervening act), Martins [2021] (appropriation in robbery), MS [2021] (proximity in attempt), Pwr v DPP [2022] (strict liability), Thacker and others [2021] (necessity: political protest), Williams (Demario) [2020] (self-defence: defence of property) and the Domestic Abuse Act 2021 (coercive control, strangulation, consent).
Chapter
10. General defences
This chapter considers general defences other than those focused on D’s mental condition and looks at cases where D will usually have performed the actus reus with the appropriate mens rea. The chapter begins with a discussion of the distinction between justifications and excuses. The common law historically made a distinction between justification and excuse, at least in relation to homicide. It is said that justification relates to the rightness of the act, whilst excuse concerns the circumstances of the individual actor. General defences include infancy (children less than 10 years old and children 10 years old and above), duress, necessity, and orders of a superior. The chapter also discusses public and private defence (‘self’-defence), the statutory ‘clarification’ of these defences, the controversy over householder self-defence, force used in the course of preventing crime or arresting offenders, force used in private defence, entrapment, and impossibility.
