Term
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Definition
| Ignorance of the law is no excuse |
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Term
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Definition
| If D makes a mistake in relation to element AR requiring negligence, in order to deprive necessary MR, mistake must be honest and reasonable |
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Term
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Definition
| Honestly held mistake negates liability for acts that require intention of subjective recklessness |
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Term
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Definition
| Two limbs in test for duress and mistake: that the defendant acted out of a reasonable fear that X would kill or cause serious injury to D or someone he knows. The objective limb is whether a reasonable person in his position would have responded in the same way. |
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Term
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Definition
| Provided D's mistake was honestly held, it is immaterial that the mistake was not reasonable. |
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Term
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Definition
| If the defendant honestly believed that the degree of force used in defence was necessary, he could not be convicted even if his belief was unreasonable. |
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Term
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Definition
| Whether or not D's use of force is reasonable hinges on an objective view as to whether or not D subjectively thought that his use of force was necessary |
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Term
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Definition
| May take pre-emptive action to prevent an anticipated attack |
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Term
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Definition
| Pre-emptive attack must be for an imminent threat |
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Term
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Definition
| There is no duty to retreat from a threat |
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Term
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Definition
| Duress will not be available for a charge of murder or attempted murder |
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Term
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Definition
| Duress not available for attempted murder |
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Term
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Definition
| Duress available for aiding and abetting murder |
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Term
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Definition
| Must be a connection between threat and unlawful act. "Do it or else!" |
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Term
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Definition
| Duress of circumstances (drove drunk to escape a gang of thieves) |
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Term
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Definition
| Necessity is no defence to murder |
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Term
| Gillick (doctor giving child birth control) |
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Definition
| Belief that an action was necessary would negate mens rea when it comes to aiding and abetting a minor to have unlawful intercourse through prescribing birth control. |
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Term
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Definition
| Necessity can be a defence to murder. The act needed must be to avoid inevitable evil. Response must be proportionate. The evil done must not be disproportionate to the evil avoided. |
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Term
| R (on application of Nicklinson) |
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Definition
| Restricted the use of the defence of necessity |
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