Q1. Is self-defence available when someone has used force because of an honest but unreasonable mistake? Should it be available?
Q2. What is the ratio decidendi of R v Ray [2017] EWCA 1391? What are the main criticisms made by Karl Laird in his commentary on the decision (Crim L.R. 2018, 342-344).
Q3. Should householders be treated differently from others who use force in self-defence?
Q4. Compare and contrast the speeches of Lord Bingham and Baroness Hale in Hasan/Z [2005] UKHL 22. Which judge sets out the most convincing argument?
Q5. Should duress be a defence to murder?
Q6. Why have the courts have been so reluctant to recognise a general defence of necessity? In what circumstances is the defence available?
Q7. Avon is the leader of a criminal gang which is well-known to use violence. He told his son, Bart, (aged 19) to attack a rival gang member, Viv. He threatened to break Bart's legs if he did not do so. Bart, terrified, agreed and attacked Viv, inflicting serious injuries.
Q8. On his way home, Bart saw Omar standing in the shadows at the side of the road. Bart mistakenly thought that Omar was a member of Viv's gang who was about to attack him. In fact, Omar was not a member of any gang and was waiting for a bus. Bart stabbed Omar and inflicted serious injuries.
Q9. Discuss Bart's criminal liability, focusing specifically on whether he could rely on any defences.
Q10. How do the courts distinguish between crimes of basic and crimes of specific intent when determining the effects of intoxication on criminal liability?
Q11. Why does Simester argue that intoxication is 'never' a defence?
Q12. "The distinction between specific and basic intent is flawed and should be abandoned. There is no need for any special rules on the effects of intoxication on criminal liability. If the prosecution cannot prove the elements of the offence in the ordinary way, then there should be no conviction." Discuss.
Q13. Which area of law do you think is most in need of reform: self-defence, duress or intoxication? Which area do you think is most likely to be reformed by legislation?
Q14. What role, if any, should public opinion play in the reform of the law of general defences?
Q15. What is the difference between justification and excuse? Is it useful to classify defences as justificatory or excusatory?