Defences

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  • Defences of Defamation

    979 Words  | 4 Pages

    There are 4 main common law defences to defamation: · Justification · Fair comment · Absolute privilege · Qualified privilege Justification Justification basically means that no matter how damaging a statement is it may actually be true, there the defence is that the truth can never be defamation. However justification is not easily proved as the burden of proof rests upon the defendant to prove that the statement is true. An example is: Jeffrey archer V The Star newspaper

  • Position Defence

    1548 Words  | 7 Pages

    ‘Critically evaluate the effectiveness of the defence of change of position in protecting a defendant from hardship.’ A claimant, who demonstrated that the defendant has been unjustly enriched at the claimant’s expense, may still be refused a remedy under the law of restitution because of a defence. In the last few years, the defences to restitution of an unjust enrichment has been increasingly important, owing to the fact that the grounds for restitution of an unjust enrichment have been broaden

  • Vengeful Defence

    622 Words  | 3 Pages

    The nineteenth century author William Makepeace Thackeray once said, “Revenge may be wicked, but it’s natural”. The need to right a wrong is in human nature. It has been in such a way since the beginning of humanity. In the stories “The Lamb to the Slaughter” by Rahl Dauhl, “The Cask of Amontillado” by Edgar Allan Poe, and “The Coffin” by Ray Bradbury, the main characters are all wronged by another person. All three go by their human nature to take revenge, and all three result in the death of another

  • In Defence of Amoralism

    1056 Words  | 5 Pages

    The problem of moral motivation is one that, as Scanlon correctly identifies, every competent moral theory must recognise. While chapter 4 of Scanlon's What We Owe to Each Other, `Wrongness and Reasons', is praiseworthy in its extended and subtle inspection of why we should be provided with a satisfactory reason for being morally good, there are elements of this piece that I find difficult to swallow, regardless of the tenacity with which I ruminate; in particular, Scanlon unsatisfactorily addresses

  • Defences for Murder

    603 Words  | 3 Pages

    Defences for Murder There are only three partial defences for murder; suicide pact, provocation-the loss of self control and reaction must be instantaneous and diminished responsibility. Amongst the three mentioned two are most frequently used, these are provocation and diminished responsibility, and only one full defence, self defence. These defences are used to reduce the sentence charge by the defendant to manslaughter from murder. In the following text I will be examining how men

  • Provocation as a Defence

    1968 Words  | 8 Pages

    Provocation as a Defence For a person to be criminally liable they must be commit the relevant prohibited act, or omission; the actus reus, and also be in the requisite mental state; mens rea, and also have no valid defence. Defences available cover situations such as insanity, duress or intoxication. However the Courts have accepted that there are situations in which a defendant has committed the relevant actus reus for murder, and also displayed thee relevant mens rea, and does not have

  • Affirmative Defences

    891 Words  | 4 Pages

    Affirmative defenses is the answer to which a defendant gives the court in response to the crime they are charged with. There are two main types of affirmative defenses, Justifications and excuses. Justifications and excuses are answers that the defended did do the crime but they can give a wonderful and perfectly good reason why they did it and they should not be held responsible for the crime they committed. Because every case is different there is a plethora of justifications and excuses, some

  • Importance Of Self-Defence

    798 Words  | 4 Pages

    Does it make sense for women to take self-defence lessons? This is an interesting topic to discuss, but there is no clear answer. Many people would agree that women should be able to defend themselves against the violent world – others would say men need to ensure that the world is a safe environment to prevent these vile attacks. Wouldn’t you wish to live in a crime-free world? Everyone would! Picture this: You are a weary, stressed, and miserable single mother, raising two delightfully bright

  • History of the Australian Defence Force and the Defence Force Academy

    833 Words  | 4 Pages

    The legal age for enlistment in the Australian Defence Force is 17 years of age, with parental consent (“Australia”, CIA.gov). In 2011, the ADF consisted of over 80,000 full-time and part-time personnel, according to the Australian Bureau of Statistics. Women have served in the Australian military since the Second World War; at the time, each branch established a separate, all female sector (Dennis, 605). The Royal Australian Air Force was the first branch to fully integrate women in 1977. By 1985

  • Criminal Defence Essay

    562 Words  | 3 Pages

    the prosecution and the defence. A defence comes in two forms which is a complete defence or a partial defence. A criminal defence is a strategic debate that is used in our court systems to defeat a criminal charge. A criminal defence attempts to challenge the legitimacy and sufficiency of the prosecutions evidence (Types of criminal defences, 2014). Consequently there is five classification of defences such as denial, procedural, exoneration, excuse and justification defences. Firstly, there is the

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