Criminal Law A Weeks IV-VII

6 Criteriae for Self-Defence

1. Defence of Legitimate Interests
2. Imminent Attack
3. Unlawful Attack
4. Proportionality
5. Necessity
6. No Prior Fault

Limit on least drastic avenue requirement for neccessity

No duty to retreat, i.e. one has a right to ask for one's money back from a violent person

Intensive Excess (self-defence)

Using too much force in act of self-defence

Extensive Excess of first degree (self-defence)

Continuing too long without legitimate reason

Extensive excess of second degree (self-defence)

Starting defence after attack

5 Criteriae of Neccessity

1. Imminent danger of legitimate interests
2. Adequate means
3. Subsidiarity
4. Proportionality
5. No prior fault

What cannot be compared in proportionality?

Lives, one person cannot be said to be more important than another

5 Criteriae of Duress

1. Not necessity
2. Imminent danger of legitimate interests
3. Subsidiarity
4. Psychological pressure
5. Reasonable pressure

Participation forms

1. Co-perpetration (jointly with another)
2. Perpetration by means (cause innocent person to commit a criminal offence)
3. Instigation (those who solicit commission of a crime)
4. Aiding (those who assist during the commission)
5. Ordering/actually controlling offence corp

Derivative Liability

Liability of accomplices is derived from a principle offence

When can an instigator still be liable if the desired crime was not completed fully?

Less severe versions of crime are considered implicit of the larger (serious injury implicit of murder)

Subjectivist Approach

Culpability centred, Is the act clear evidence of defendant's intent to commit the crime?

Objectivist Approach

Harm centred, Is there an act of manifest criminality?

Complete Attempt

Defendant does everything needed to complete criminal project but failed to get result

Incomplete Attempt

Defendant does not get to point of executing offence

Failed Attempt

Defendant can no longer achieve goal because of external circumstances (not voluntary withdraw)

Relatively Impossible Attempt

Means of object is generally suitable for achieving envisaged result

Absolutely Impossible Attempt

Attempts that could have never led to envisaged result (no liability)

In which system is there no voluntary withdrawal

English Law