1.4 General Defences

Question 1

What is automatism?

Answer 1

It is the absence of a fundamental requirement for any criminal offence namely Actus Rea

Total loss of control over their actions

Question 2

Explain the link between intoxication and intent?

Answer 2

Voluntary intoxication can be raised in answer to a charge of an offence with specific intent but not basic intent. Incapable of forming Mens Rea for the offence

Involuntary intoxication can be raised in answer to a charge of both basic and specific intent

Question 3

What is the difference between voluntary and involuntary intoxication?

Answer 3

Voluntary- You got yourself in that condition

Involuntary - You are not responsible for getting yourself into that conditions

Question 4

How else can intoxication form a defence? Explain?

Answer 4

Mistaken belief

The defendant believed the property was his and broke a window to get inside.

Question 5

Can Dutch courage be used as a defence?

Answer 5

No they have got drunk with the intention of committing the offence.

Question 6

How can inadvertence and mistake be a defence?

Answer 6

There are occasions where a defendant makes a mistake about some circumstance/ consequence which may negate the Mens Rea for the offence

It will be judged subjectively

The mistaken belief must be an honest and genuine one

Question 7

Why can duress be a defence?

Answer 7

Where a person is threatened with death or serious physical injury unless she carries out a criminal act then they may have a defence of duress

Question 8

What is included under duress and what is not?

Answer 8

That of serious physical injury or death

Serious political injury is not included

Question 9

What are the key elements to the defence of duress?

Answer 9

The threat must have driven the defendant to commit the offence

The defendant must have acted as a sober and reasonable person sharing the defendants characterises would have done

The threat must be anticipated at or near the time of the offnece

Question 10

When is duress not available?

Answer 10

Murder or attempt murder

If they failed to take an opportunity to neutralise the effects of the threat

If they knowingly expose themselves to a risk of such a threat of death or serious physical injury

Question 11

How does duress of circumstance become a defence?

Answer 11

There is a threatening situation or set of circumstances from which the defnsant wishes to escape and in doing so feels impelled to commit an offence as the lesser of two evils.

Question 12

When does duress of circumstance stop becoming a defence?

Answer 12

When they are no longer acting under compulsion of the prevailing circumstances when committing the offence

Must be reasonable and proportionate to the threat presented.

Question 13

What is Article 2 of Human Rights? Wording?

Answer 13

The right to life

Everyone’s right to life shall be protected by law. No one shall be deprived of god life intentionally save in the execution of a sentence of a court following his conviction for a crime which this pentally is provided by law

Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary

Question 14

Under article 2 of Human Rights why can forced be used and not contravene the arictle?

Answer 14

In defence of any person from unlawful violence

In order to effect a lawful arrest/ prevent the escape of a person lawfully detained

In action lawfully taken for the purpose of quelling a riot

Question 15

When may a person use such force as is reasonable in the circumstances as he believes them to be?

Answer 15

Self defence
Defence of another
Defence of property
Prevention of crime 
Lawful arrest

Question 16

What does S3 of Criminal Law Act 1967 state?

Answer 16

A person may use such force as is reasonable in the circumstances in the prevention of crime or in effecting/assisting in the lawful arrest of offended or suspect offender or someone unlawfully at large

Question 17

What is classed as reasonable?

Answer 17

The force used is proportionate and necessary to the circumstances as the DEFENDANG BELIEVED THEM TO BE (76 Criminal Justice and Immigration Act)

Question 18

What considerations are taken into account when deciding where the degree of force used was reasonable or not? (S76.7)

Answer 18

That a person is acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action

And

That evidence of a persons having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that propose

Question 19

What section amends S76 Criminal Justice and immigration act? How does it amend it

Answer 19

S43 Crime and Courts Act 2013

The use of disproportionate force can be regarded as reasonable in the circumstances as the accused believed them to be when householders are acting to protect themselves or others from trespassers in their homes.

Question 20

What does S43 Cjme and Courts Act 2013 not cover?

Answer 20

Grossly disproportionate force

Question 21

What sections govern the defence of property? What does this mean?

Answer 21

S76 Criminal Justice and immigration act

S3 Criminal Law Act

Article 2 of a human rights

One has the right to prevent crime so they are able to protect their property to an extent. However, the force must be reasonable as such taking someone’s life to protect property is not accepted and the defence will fail

Question 22

What is the age of criminal responsibility? What act states this?

Answer 22

10

S50 Children and Young persons Act