Mistake/Self Defence

1
Mistake/Self Defence

• When can the defence of Mistake be successful?

2
Create a brainstorm on Mistake-20 minutes

• Make sure you include key cases.

3
Revise your brainstorm- you get 10 minutes
4
Tell your partner about Mistake as a defence- 5
minutes
5
Answer this Question- 15 minutes

• When can the defence of Mistake be successful?

6
Summary- Mistake

• Needs to be a genuine mistake but can be
  unreasonable -DPP V Morgan and Others Williams
  1987
• Mistake about fact
• i.e. had the facts been the way the D believed
  them to be then the D would not have had the
  necessary MR or
• D would have been able to rely on another Defence
• If mistake of fact leads D to use force need to
  decide if force used is reasonable in
  circumstances if not no defence of mistake

7
Self Defence

• Create Notes on Self Defence- 10m
• Explain to the person on your left 15m
• Last person explains Self Defence to the rest of
  the class.

8
Summary-Self Defence

• Defence to any offence
• Covers actions taken to protect self , defend
  another or prevent a crime
• A person can use such force as is reasonable in
  the circumstances in the prevention of a crime.
  Williams 1987
• Must not be excessive- Clegg 1995

9

• Aqib sees Mauzma talking to two men he does not
  recognise he starts to walk towards them when he
  sees one of them (A) reach into his pocket and
  take out what he thinks is a knife, he then sees
  the other man (B) grab Mauzmas bag. Thinking she
  is about to be attacked Aqib picks up a stone and
  runs towards them. He throws the stone and hits B
  on the head who then falls to the ground. He
  then jumps on As back and wrestles with him,
  punching him in the eye. The man drops a silver
  comb. Mauzma screams at Aqib what you doing, he
  was just looking for a mirror to do his hair?
• Man A has a lump on his head and tells Aqib he is
  going to the police.
• If the police decide to charge Aqib what offence
  (s) could he be charged with and what defence (s)
  could he raise