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Criminal Defences Flashcards

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1
Q

Verdict if found to be insane

A 
‘Not guilty by reason of insanity’ 
Hospital order (always for murder) 
Supervision and treatment order 
Guardship order
Absolute discharge
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2
Q

Insanity: M’Naughten

A

D must be suffering from

  • defect of reason (coming from a)
  • disease of the mind (so that D either)
  • does not know nature and quality of his act or D
  • does not know what he is doing is wrong
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3
Q

Insanity: Clarke

A

Does not matter if only deprived of powers of reasoning temporarily as long as present at crime
- Defect of reasoning is more than just confusion or absent mindedness
(THE SYMPTOMS)

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4
Q

Insanity: Hennessy

A

Had not taken insulin so came from within- internal cause (can use insanity)

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5
Q

Insanity: Quick

A

Had taken insulin so did not come from within- external cause
(Cannot use insanity)

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6
Q

What can you use for disease of the mind

A 
Malfunctioning of the mind 
Has to be INTERNAL that affect memory, reasoning, understanding 
- arteriosclerosis (thick arteries) 
- sleepwalking 
- hyperglycaemic
- diabetes 
- psychopathy 
- bipolar
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7
Q

Insanity: D does not know nature and quality of act (Codere)

A

No idea what doing at all (unconscious/blacked out) or D was mistaken

  1. Unconscious/impaired consciousness
    - sleep walking, epileptic
  2. Conscious but does not understand/know what they are doing
    - schizophrenia
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8
Q

Insanity: Johnson

A

D does not know act is LEGALLY wrong, doesn’t matter if they thought was morally right

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9
Q

Automatism: verdict if argued successfully

A

Not guilty

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10
Q

Automatism: define

A

Crime committed by an involuntary act caused by an external factor

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11
Q

Automatism: Bratty

A

Involuntary act is done by the muscles without any control by the mind (fit, reflex, seizure)

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12
Q

Automatism: AG Ref 2 1992

A

Loss of control must be total (no control at all)

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13
Q

Automatism: external factor

A

Automatic state must be caused by

  • head injury
  • hypnotism
  • medication
  • traumatic event
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14
Q

Automatism: Bailey

A

Did take their insulin so due to external factor: lack of food

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15
Q

Automatism: DPP v Majewski

Lipman

A

If basic intent and D knows risk of automated state- D has been reckless to commit basic intent offence
(So cannot use defence)
Lipman:
If specific intent depends if MR negated
- recklessness of autonomic state so definite basic intent

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16
Q

Self defence: verdict

A

If successful will be ‘not guilty’

Full and general defence

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17
Q

Self defence: Beckford

A

D must think threat is imminent (very soon- more so than assault)

  • circum may justify pre-emptive strike
  • subjective
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18
Q

Self defence: Gladstone Williams

A

It does not matter if D makes an honest mistake, jury can still find force necessary

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19
Q

Self defence: Bird

A

D does not have duty to retreat but if they have opportunity and fail to do so, jury can consider this and may decide force was not necessary

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20
Q

Self Defence: S76(3) Criminal Justice and Immigration Act 2008

A

When jury deciding what was proportionate- it’s as D believed circumstances to be

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21
Q

Self Defence: S76(7)(a) Criminal J & IA 2008

A

D not expected to weigh to a nicety the exact measure of any necessary action
(Weigh up exact proportions in the heat of the moment)

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22
Q

Self Defence: S76(7)(b) Criminal J & IA 2008

A

If D did what he honestly and instinctively thought was necessary, strong evidence that D took reasonable action

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23
Q

Self defence: Hussain

A

Force in revenge/retaliation/excess is not allowed

24
Q

Self defence: O’Grady

A

Drunken mistakes cannot be relied upon for self defence

25
Q

Self defence elements

A

Force must be necessary (D must honestly believe)

Force must be proportionate (as D believed circum to be)

26
Q

Duress: define

A

D committed offence because D or someone D was responsible for has been threatened with death or serious injury. D must also have been reasonable in response to threat

27
Q

Duress: Velderrama Vega

A

Threat must be death/serious injury

Can be accumulative as long as also threat of serious injury

28
Q

Duress: threat to who?

A

D/person D is responsible for
- friends/family/situation
Must be IDENTIFIABLE PERSON/GROUP

29
Q

Duress: Graham test

A

Tests if they responded reasonably

  1. Was D compelled to act as he did because he reasonably believed he had good cause to fear serious injury/death? (How believable)
  2. Would sober person of reasonable firmness sharing D’s characteristics have responded in same way?
30
Q

Duress: Bowen

A

Characteristics can take into account when doing Graham test:

  • age
  • pregnancy
  • serious physical disability
  • mental disorder
  • sex
31
Q

Duress: how to apply Graham test

A

Is there connection between what D did and what D told to do?
Is there a safe avenue of escape?
Is threat on D’s mind while committing the crime?

32
Q

Duress: Hasan

A

Duress not available when D voluntarily associated with others involved in criminal activity & forsaw or ought to have reasonably foreseen risk of being forced to commit crimes due to threats of violence

33
Q

Duress: Sharp

A

Duress not available (self induced)

34
Q

Duress: Shepherd

A

Duress available (not self induced)

35
Q

Duress: of circumstances recognised in

A

Willer

36
Q

Duress: Martin

A

Confirmed use of Graham test

37
Q

Necessity: Dudley & Stephens

A

Rejected necessity as defence

38
Q

Necessity: Re A

A
  1. Consequences of not acting would have inflicted inevitable and irreparable evil
  2. No more was done than was reasonably necessary
  3. Evil inflicted not disproportionate to evil avoided
    (Only applicable to these case facts)
39
Q

Intoxication: specific intent offences

A
  • murder -S18 GBH/wounding
  • theft/robbery -attempts
  • 9(1)(a) & 9(1)(b) burglary (with theft not GBH)
40
Q

Intoxication: basic intent offences

A
  • assault - S20 GBH/wounding
  • battery - Invol manslaughter
  • S47 ABH - S9(1)(b) burglary (with GBH)
41
Q

Intoxication: Voluntary/Specific

A

Lipman:
- D not convicted of specific intent crime if intoxication prevents from forming MR (intox negate MR of intention but voluntary so still reckless of basic intent)
Gallagher:
- if D still had intention despite intoxication MR not negated so will be guilty of specific intent crime (drunken intent still intent)

42
Q

Intoxication: Voluntary/basic

A

Majewski:
- voluntary intoxication means you realise a risk of losing control therefore you have MR for basic intent crimes (recklessness)

43
Q

Intoxication: involuntary/specific

A

Kingston:

  • still had intent when committing crime so MR not negated (drunken intent still intent)
  • if intoxication stops D intending it then MR negated
44
Q

Intoxication: Allen

A

Intoxication must be completely involuntary to count as involuntary
- if D willingly intoxicates himself on any level, being unaware of strength of intoxication does not matter

45
Q

Intoxication: involuntary/basic

A

Hardie:

  • as involuntary they do not have auto recklessness
  • if D still realised risk despite intoxication he will still be guilty as MR not negated
46
Q

Consent: define

A

D pleads defence by stating V consented to the act

47
Q

Consent: Slingsby

A

Can consent to battery/assault

48
Q

Consent: Pretty v UK

A

Cannot consent to murder

49
Q

Consent: Leach

A

Cannot consent to S18 OAPA

50
Q

Consent: Brown & others

A

Usually cannot consent to S47 & S20 GBH/wounding

- not in public interest that people cause others injury for no good reason

51
Q

Consent: exceptions

A 
Properly conducted sports
Medical 
Lawful chastisement 
Dangerous exhibitions 
Tattooing/piercing 
Ritual circumcisions
52
Q

Consent: aitken

A

D’s drunken or mistaken belief in V’s consent can be a defence to horseplay

53
Q

Consent: Wilson

A

‘Personal adornment’ (brandishing with hot object) are an exception like tattooing

54
Q

Consent: Olugbuja

A

Mere submission is not consent

55
Q

Consent: Gillick v West Norfolk & Wisbech Health Authority

A

Have to be ‘Gillick Competent’
V must have sufficient maturity, intelligence and understanding of the nature and consequences of what they are consenting to

56
Q

Consent: Newland

A

If D lies to V/deceives about identity this will negate consent

57
Q

Consent: implied

A

‘Ordinary jostlings of everyday life’ are not battery- implied consent

Law (42 decks)

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