Defence Cases and Sections (Criminal)

Self Defence/Defence of Another/Prevention of Crime

Criminal Justice and Immigration Act 2008 - Person must have acted 'honestly and instinctively' Clegg - 'Honestly and instinctively'   PREVENTION OF CRIME ONLY: s.3(1) Criminal Law Act 1967 - 'Person may use such force as is reasonable in the circumstances in prevention of crime'   s.3 Criminal Law Act 1967 - 3 Criteria: Amount of force must be reasonable/Danger must be immediate and not past/No defence for revenge of retaliation

Mistake

Williams (Gladstone) - Must be genuine mistake 

Duress

R v Valderrama-Vega - Threat must be death of serious bodily harm R v A - Also mention threat of rape R v Wright - Threat must be to D or someone close to them R v Hasan - Threat must generally immediate or almost immediate R v Cole - Must be nexus between threat and offence committed

Exceptions

R v Hasan - voluntary involvement in criminal enterprise R v Howe - Unavailable for murder/participation in murder R v Gotts - Unavailable for attempted murder