Chapter 11: Criminal Capacity and Defences

Question 1

What is the criminal age of responsibility?

Answer 1

10 years old and over

Question 2

For a defendant to be fit to plead, what must they be?

Answer 2

Of sufficient intellect to comprehend the course of the proceedings in the trial to make a proper defence, to challenge a juror to whom they might wish to object, and to comprehend the details of the evidence

Question 3

What will the court do if a defendant is unfit to plead?

Answer 3

The court decides whether the defendant committed the actus reus, The court will not look at the mens rea as the defendant has been found not to be legally responsible for their actions

Question 4

What is involuntary intoxication?

Answer 4

Where the defendant becomes intoxicated through no fault of their own and are thus unable to form the mental state required for the offence

Question 5

Will it be a defence if a defendant does not know the strength of the alcohol or drug that they are taking?

Answer 5

No, the court will not consider this to be involuntary intoxication

Question 6

If intoxication is voluntary, what two things will the court look at?

Answer 6

1. Whether the drug was dangerous or non dangerous
2. Whether the offence is one of basic or specific intent

Question 7

If a defendant becomes intoxicated after taking prescription medication, will they be guilty of committing a crime?

Answer 7

This will be intoxication by a non dangerous substance and the intoxication will negate the mens rea of a crime

Question 8

If a person has become voluntarily intoxicated, can they be found guilty of basic intent crimes?

Answer 8

• Yes, a crime of basic intent can be committed intentionally or recklessly
• A defendant who becomes voluntarily intoxicated and then causes injury to a victim is reckless
• The mens rea of basic intent crimes will be made out

Question 9

If a person has become voluntarily intoxicated, can they be found guilty of specific intent crimes?

Answer 9

• Specific intent crimes can only be committed intentionally
• No recklessness
• A person who is voluntarily intoxicated will not have the required mental state for the desired outcome of the offence

Question 10

Is intoxication a defence to strict liability offences?

Answer 10

No

Question 11

Is self defence a complete or partial defence?

Answer 11

Complete defence and thus, if successfully pleaded, will lead to acquittal

Question 12

What are the three requirements for the defence of self defence to apply?

Answer 12

1. Defendant was acting to protect themselves, another or property or acting to prevent a crime or effect lawful arrest
2. Defendant must have had subjective belief force was immediately required
3. Amount of force used was reasonable based on facts that the defendant believed them to be at the time

Question 13

Can a defendant’s actions be reasonable if they are disproportionate?

Answer 13

No, in order for actions to be reasonable, they must be proportionate

Question 14

What is the householder exception to self defence?

Answer 14

When an intruder enters the defendant’s home, the level of force deemed to be reasonable in self defence is higher than in other circumstances

Question 15

What level of force can householders use in self defence?

Answer 15

Any force that is not grossly disproportionate or not so disproportionate as to be unreasonable

Question 16

In proving self-defence, who has the evidential burden?

Answer 16

The evidential burden lies with the defendant

Question 17

In proving self-defence, who does the legal burden lie with?

Answer 17

The legal burden lies with the prosecution and the standard of proof is beyond reasonable doubt.

Question 18

What is necessity?

Answer 18

Arises when the defendant’s commission of the offence was the lesser of two evils

Question 19

What are the three requirements for the defence of necessity?

Answer 19

1. Act was required to avoid inevitable and irreparable evil.
2. The defendant only did what was reasonably necessary.
3. The evil inflicted was not disproportionate to evil inflicted.

Question 20

Is the defence of necessity available to a charge of murder?

Answer 20

No

Question 21

Is the defence of duress available for murder or attempted murder?

Answer 21

No

Question 22

Is the defence of duress available if the threat is against anyone?

Answer 22

No, the threat must be against the defendant, their close relative or friend or someone for whom they feel responsible

Question 23

Can a defendant rely upon the defence of duress if they have voluntarily associated with the maker of the threat?

Answer 23

No