Capacity and Defences

Question 1

Under what age does a person not have capacity to commit a criminal offence?

Answer 1

Anyone under 10

Question 2

D may be unfit to plead if they lack sufficient intellect to do which 3 things?

Answer 2

1. Comprehend course of proceedings
2. Challenge a juror; or
3. Comprehend details of evidence

Question 3

What are 3 options a court has if they find D unfit to plea and think they committed the act?

Answer 3

1. Hospitalisation (required in murder cases)
2. Supervision Order
3. Dismiss the case

Question 4

What is meant by involuntary intoxication?

Answer 4

Where D has become intoxicated through no fault of their own

Question 5

When can involuntary intoxication be used as a defence?

Answer 5

If it prevented D from forming the mens rea

Question 6

What is meant by voluntary intoxication?

Answer 6

Where D knowingly takes drugs or alcohol

Question 7

Can voluntary intoxication of a nondangerous substance negate the mens rea and be used as a defence? If so, when?

Answer 7

Yes, for example if they take prescription medication

Question 8

Voluntary intoxication of a ________ ____ cannot negate the mens rea of a _____ intent offence.

However it may negate the mens rea of a ________ intent offence

Answer 8

dangerous drug, basic, specific

Question 9

Drunken intent is still…

Answer 9

Intent

Question 10

What 5 things could D be aiming to do when raising a defence of self-defence?

Answer 10

1. Protect themselves
2. Protect another
3. Protect property
4. Prevent crime
5. Effect lawful arrest

Question 11

What are the 2 requirements to successfully raise the defence of self defence?

Answer 11

1. D subjectively believes force was required
2. Reasonable amount of force used on the facts D believes at the time

Question 12

When an intruder enters a person’s home, the householder may use force that is not _______ disproportionate in the circumstances they genuinely believed them to be, or not so disproportionate as to be __________

Answer 12

grossly, unreasonable

Question 13

What are the 3 requirements to raise a defence of necessity?

Answer 13

1. Criminal act required to avoid inevitable and irreparable evil
2. D must have done what was reasonably necessary
3. Evil inflicted must not have been disproportionate to the evil avoided

Question 14

Is necessity available as a defence in theft or murder cases?

Answer 14

No

Question 15

What are any of the 6 requirements to successfully raise a defence of duress?

Answer 15

1. Threat of death/serious injury
2. Against D, their close relative/friend/someone they feel responsible for
3. D has good cause to fear
4. A person of reasonable fortitude with D’s characteristics would have acted the same
5. Threat must be effective, need not be immediate
6. No opportunity to take evasive action

Question 16

What are 3 situations in which D cannot rely on the defence of duress?

Answer 16

1. D voluntarily associated with threatmaker knowing of their criminal tendencies
2. For murder/attempted murder cases as the principal
3. D failed to take alternative available action to avoid the threat