PRACTICE DEFENCES TEST
Name:______
Instructions:
1. This is an open book test.
2. Use as much foolscap paper as needed. Make sure your name is on each sheet.
3. You have one complete period to finish it. Be sure to manage your time effectively.
4. Read over each scenario and determine which facts are relevant.
5. There are eight possible defences that we have studied in the course. Identify which defences could not be used in this scenario and briefly explain why on the chart provided.
6. You will then write up a defence for the accused as a defence lawyer incorporating one or more plausible defences. You must explain how and why your client meets each and every necessary element to the defence. You should then refer to a case we have studied to back up your arguments.
1 (50-59) / 2 (60-69) / 3 (70-79) / 4 (80-100)KNOWLEDGE/
UNDERSTANDING
Student demonstrates understanding of the elements of each defence and its appropriate application. / minimal / partial / substantial / thorough/ complete
THINKING/INQUIRY
Student demonstrates critical thinking skills by selecting defences appropriate to the set of facts in each case. / minimal / partial / substantial / thorough/ complete
COMMUNICATION
Student clearly articulates ideas and concepts using appropriate terminology. / minimal / partial / substantial / thorough/ complete
APPLICATION
Student makes connections between relevant cases and materials to reinforce their arguments. / minimal / partial / substantial / thorough/ complete
MOCK DEFENCES TEST
Case 1
Alice mistakenly believed that her friend Briony had been spreading malicious rumours about her. She spent an evening brooding about it and drinking a bottle of wine, at the end of which she wrote a letter to Briony warning her to be on her guard from now on. She then taped a razor blade into the letter, put it in an envelope and posted it. When the letter arrived, it was opened by Briony’s six-year-old son, Chris, who suffered deep cuts to his fingers from the razor blade. Briony subsequently read the letter and became very anxious about her safety.
Briony’s husband, Dave, worked with Alice’s husband, Eddie. Dave confronted Eddie at work about the letter and Chris’s injuries, knocked him to the ground and began to choke him. Eddie managed to get hold of a heavy wrench and hit Dave twice about the body. Whilst Dave was staggering backwards from the blows, Eddie got up and struck him a heavy blow to the head with the spanner. Dave died from his injuries.
Eddie is charged with 2nd degree murder.
Defence / Y/N / WhySelf-Defence
Duress
Compulsion
Necessity
Provocation
Intoxication
Automatism
Mental Disorder
Case 2
Geoff had been receiving prolonged treatment for mental illness but was still hearing ‘voices’ and having strange ‘visions’. While he was homeless for a time he became friendly with Henry and Ian who invited him back to their apartment. There, they engaged in a challenge, holding each other’s hands in turn over an electric cooker hotplate to see who could endure the pain the longest. Henry held Geoff ’s hands over the hotplate for a long time, even though he could see that Geoff ’s hands were changing colour. As a result, Geoff ’s hands were very badly burnt. During the night, Geoff got up whilst Henry, Ian and Ian’s girlfriend, Janet, were asleep. He plugged in an iron in the belief that it was a radio and left it standing upright on the carpet. When it made no sound, he wandered out of the house, knocking over the iron as he left. The iron set fire to the carpet and Janet was killed when the fire spread to the rest of the house.
Geoff was charged with arson and manslaughter.
Defence / Y/N / WhySelf-Defence
Duress
Compulsion
Necessity
Provocation
Intoxication
Automatism
Mental Disorder
Case 3
Eric had recently been very unhappy because his wife had been having an affair with Greg. When he left work, carrying his toolbag with him, he went along to a beer festival being held in a small park. As Eric got his first pint of beer, he was suddenly aware that Harry, the person standing next to him but whom he did not know, had begun throwing bottles full of beer over his shoulder and high into the air. In trying to avoid being hit by one of the bottles, Imran stepped heavily onto Jane’s foot and badly bruised it. Another bottle struck Kamran full in the face as he looked up. The blow knocked out one of his teeth, loosened others, and broke his cheekbone. When Harry was examined later, he was semi-conscious and was found to have drunk a lot of beer.
In the commotion that followed, everyone was angry and confused, and Eric was at first blamed for throwing the bottles. He was very frightened and ran out of the park, chased by a number of men. Eventually, they split up to try to find Eric, who by now was becoming very tired. Eric took a hammer out of his toolbag but then tried to hide. As he did so, Greg (who did not realise that the person whom he was chasing was Eric) came round the corner, and Eric immediately hit him a swinging blow with the hammer just above the ear. As Greg fell to the ground, Eric saw who he was, became instantly enraged and kicked his head viciously. Greg died from the effects of the two blows.
Eric was charged with 2nd degree murder.
Defence / Y/N / WhySelf-Defence
Duress
Compulsion
Necessity
Provocation
Intoxication
Automatism
Mental Disorder
Case 4
Adrian and Brian were in a night club having a few drinks, when Adrian took some drugs. Shortly afterwards, Adrian began to act in a strange manner, giggling and stumbling about. When Adrian clumsily spilled a drink over Chris, Brian decided that it was time to get him home. As they left the night club, they were followed by Chris and his friend, Don. Chris challenged Adrian to a fight and Adrian took off his jacket and then immediately lashed out at Chris before Chris was prepared. The blow sent him reeling backwards and he dislocated his knee in a very awkward fall.
Meanwhile, Brian had run off but had been caught by Don in a disused building. Don was holding Brian tightly round the neck and causing him to choke but Brian managed to elbow him twice in the face. Don released his grip, suddenly collapsed, and was sick as he lay on his back. Brian looked at him for a few seconds and then walked away. Don was later found to have died by choking on his vomit.
Brian was charged with 2nd degree murder.
Defence / Y/N / WhySelf-Defence
Duress
Compulsion
Necessity
Provocation
Intoxication
Automatism
Mental Disorder