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Criminal Law Exam > Capacity Defences > Flashcards

Capacity Defences Flashcards

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1
Q

Non Insane Automatism

A

Requires D to show act was involuntary, caused by external factor must not be self induced

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2
Q

Involuntary Act

A

Act is done by muscles without any control of the mind (Bratty)

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3
Q

Caused by an external factor

A

If internal apply insane automatism.

Apply AG ref No2 92- must be a total destruction of voluntary control

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4
Q

Sneezing Fit

A

Woolley

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5
Q

PTSD

A

R v D

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6
Q

Hypoglycaemia

A

Quick

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7
Q

Must not be self induced automatism

A

Bailey

Alcohol and drugs dont count

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8
Q

If D suffers adverse reaction to too much medicine or combining alcohol and medicine

A

Refer to bailey and quick it is probably self induced

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9
Q

Insanity

A

D act voluntary but doesnt understand nature of act or that it is legally wrong, Prove on balance of probalities they were insane so unable to form MR

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10
Q

Mnaghten rules 1843

A

D was labouring under a defect of reason (Clarke)
Caused by disease of the mind (legal term not medical one) Hennesy Kemp
So that D did not know either A) nature and quality of his act
B) Act was wrong (Windle)

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11
Q

Intoxication

A

Inabiltity to form MR due to alcohol drugs and other substances. Judge decides

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12
Q

Intoxication

A

Inabiltity to form MR due to alcohol drugs and other substances. Judge decides (Groak)

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13
Q

Voluntary Intoxication

A

D has chosen to do this

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14
Q

Sheenan and Moore

A

Drugged intent is still intent

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15
Q

Gallagher

A

Dutch Courage to kill means intent

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16
Q

Specific Intent

A

Lipman took lsd. Not guilty of murder instead guilty of fallback offence of manslaughter

17
Q

Basic Intent

A

No defence Majewoski

Richardson and Irwin- unless they cant see if they wouldve had risk even if theyd been sober

18
Q

Involuntary Toxication

A

Absolute Defence. Spiked/ side effects/ Sedative drugs

19
Q

A defence to all offences as long as D didnt form MR

A

Kingston

Hardie

Criminal Law Exam (20 decks)

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