Criminal Law 3 - General Defences Flashcards
When can intoxication negate mens rea?
Involuntary intoxication, Bona fide medical treatment, Voluntary intake of non-dangerous drugs
These scenarios can potentially negate the mental state required for criminal liability.
What must prosecution prove when intoxication is raised?
Beyond reasonable doubt that D committed actus reus with necessary mens rea
This means the prosecution needs to demonstrate that the defendant performed the guilty act with the requisite mental state.
Is it enough that the defendant was incapable of forming mens rea?
No, the question is whether they actually did form the mens rea
The focus is on the actual mental state of the defendant at the time of the offense.
Voluntary intoxication is a defence to what kind of offences?
Crimes of specific intent only
Specific intent crimes require a particular mental state, which intoxication can negate.
What happens if D lacks specific intent due to intoxication?
D may still be guilty of a basic intent offence
Basic intent offences do not require a specific mental state and can still result in liability.
Examples of basic intent offences?
- Battery
- Assault
- Unlawful act manslaughter
- Criminal damage
- s20 GBH
- s9(1)(b) Burglary (if GBH caused)
Basic intent offences are generally less severe and do not require specific intent.
Examples of specific intent offences?
- Murder
- Theft
- Robbery
- s18 GBH
- s9(1)(a) Burglary
- Attempted crimes
Specific intent offences require a certain mental state or intention to commit the crime.
Can voluntary intoxication help with loss of control or diminished responsibility defences?
Yes, intoxication does not bar these defences
These defences can still be applicable even if the defendant was intoxicated.
Can intoxication affect consent?
Yes, if D honestly believed in consent, even if wrongly due to intoxication
Intoxication can complicate issues of consent in legal cases.
Can intoxication affect statutory defences?
Yes, if the statute allows for an honest mistake
Certain laws may permit defendants to claim a defence based on a genuine but mistaken belief.
When can self-defence/defence of another be used?
- Protecting oneself or another
- Protecting property
- Preventing crime
- Assisting arrest
These are the primary circumstances under which self-defence is justified.
What are the two parts of the self-defence test?
- Trigger: D honestly believed force was necessary
- Response: Force used must be objectively reasonable
This test assesses both the subjective belief of the defendant and the objective reasonableness of their response.
Can a mistaken belief justify self-defence?
Yes, if honest — unless the mistake was due to voluntary intoxication
Honest mistakes can support a self-defence claim, except when caused by intoxication.
Can self-defence include pre-emptive strikes?
Yes, if D honestly and imminently anticipated an attack
Pre-emptive action can be justified if there is a genuine belief of an imminent threat.
Is there a duty to retreat before using force?
No duty, but attempts to retreat can support the defence
The law does not require a person to retreat, but evidence of such attempts can strengthen a self-defence claim.
What is the rule for householder cases?
- Force must not be grossly disproportionate
- D must not be a trespasser
- D must believe V is an intruder
These criteria establish the parameters for using force in one’s home.
What places are considered dwellings for householder defence?
- Houses
- Flats above shops
- Boats and vehicles used for residence
These locations qualify for enhanced self-defence protections.
How is force judged in non-householder cases?
- Based on D’s honest belief
- Objectively assessed by jury
- Heat-of-the-moment considered
This assessment involves both subjective and objective considerations regarding the use of force.
What happens if self-defence fails completely?
D is convicted; no partial defence (except voluntary manslaughter for murder via loss of control)
A complete failure of self-defence results in full liability for the crime.
