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Tags
#crime #defences #law
Question
The Court of Appeal indicated in [ case ] that an honestly-held belief was sufficient, even if that belief was unreasonable. Although this point was not the subject of appeal to the House of Lords in Hasan, Lord Bingham stated:

'It is essential that the defendant should genuinely, i.e. actually, believe in the efficacy of the threat by which he claims to have been compelled. But there is no warrant for relaxing the requirement that the belief must be reasonable as well as genuine.'

Thus, if the defendant makes a mistake, it must be a reasonable mistake. This can be contrasted with the requirements for self-defence
Answer
R v Martin [2000] 2 Cr App R 42

Tags
#crime #defences #law
Question
The Court of Appeal indicated in [ case ] that an honestly-held belief was sufficient, even if that belief was unreasonable. Although this point was not the subject of appeal to the House of Lords in Hasan, Lord Bingham stated:

'It is essential that the defendant should genuinely, i.e. actually, believe in the efficacy of the threat by which he claims to have been compelled. But there is no warrant for relaxing the requirement that the belief must be reasonable as well as genuine.'

Thus, if the defendant makes a mistake, it must be a reasonable mistake. This can be contrasted with the requirements for self-defence
Answer
?

Tags
#crime #defences #law
Question
The Court of Appeal indicated in [ case ] that an honestly-held belief was sufficient, even if that belief was unreasonable. Although this point was not the subject of appeal to the House of Lords in Hasan, Lord Bingham stated:

'It is essential that the defendant should genuinely, i.e. actually, believe in the efficacy of the threat by which he claims to have been compelled. But there is no warrant for relaxing the requirement that the belief must be reasonable as well as genuine.'

Thus, if the defendant makes a mistake, it must be a reasonable mistake. This can be contrasted with the requirements for self-defence
Answer
R v Martin [2000] 2 Cr App R 42
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The Court of Appeal indicated in R v Martin [2000] 2 Cr App R 42 that an honestly-held belief was sufficient, even if that belief was unreasonable. Although this point was not the subject of appeal to the House of Lords in Hasan, Lord Bingham stated:&

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