Crime - General Defences Flashcards

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0
Q

R v Kingston

A

Where D was unaware that he had consumed alcohol/drugs -OR- he suffered from an uncontrollable addiction, he will escape liability provided he lacked the MR for the offence

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1
Q

DPP v Majewski

A
  1. Where D consumed alcohol/drugs voluntarily, this will only offer a partial defence to crimes of specific intent
  2. Voluntary intoxication supplies the requisite MR for crimes of basic intent, thereby creating liability
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2
Q

R v Graham

A

D will be able to rely on duress of threats where he reasonably believed that EITHER he OR another was under threat of death/serious injury -AND- a reasonable person would have responded in the same way

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3
Q

R v Bowen

A

Relevant characteristics ascribed to the reasonable person are:

  • age
  • gender
  • character-unspecific circumstances
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4
Q

s3(1) Criminal Law Act 1967 - Self-defence

A

D may use reasonable force in the circumstances to:

  • protect himself/another
  • protect property
  • prevent a crime
  • apprehend a fugitive
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5
Q

R v Bird

A

Self-defence may be preemptive

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6
Q

R v Williams (Gladstone)

A

D is judged on the need for/degree of force as he honestly believed necessary/reasonable, even if his belief was unreasonable/mistaken

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7
Q

M’Naughten Rules

A

D may plead insanity where he was suffering from a defect of reason arising from a disease of the mind -AND- this meant he was unaware of EITHER/OR:

  • the nature/quality of his actions
  • the fact his actions were wrong
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8
Q

R v Clarke

A

Defect of reason must be involuntary/uncontrollable

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9
Q

R v Sullivan

A

Disease need only affect the mental faculties of reason, memory and understanding

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10
Q

Bratty

A

D may be able to plead automatism if he suffered a complete loss of control owing to an external cause that was not self-induced

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11
Q

R v Bailey

A

Diabetic fit arising by failure to take appropriate medication amounts to a self-induced cause

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12
Q

Infancy

A
  1. D will not be criminally liable if below the age of criminal responsibility (10 years old)
  2. Anyone over 10 years old will be treated as an adult
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