Criminal law - defences Flashcards

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1
Q

What case establishes insanity?

A

M’naughten

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2
Q

R V Clarke

A

Labouring under a defect of reason doesn’t include confusion

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3
Q

R v kemp

A

Disease of the mind must be an internal factor

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4
Q

R v windle

A

Didn’t understand what they were doing was wrong is not morally wrong but legally wrong

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5
Q

Who defined automatism?

A

Lord denning

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6
Q

Hill v Baxter

A

Must be an external factor (automatism)

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7
Q

Ag ref no 2

A

Automatism must be a total loss of control

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8
Q

McGhee

A

Self induced automatism cannot be used as a defence

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9
Q

R V hardy

A

Intox can be used as a Defence for basic intent crimes if defendant does not realise their self induced actions would cause automatism and they were not reckless

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10
Q

R v Sheehan

A

Drunken intent is still intent for intoxication

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11
Q

DPP V beard

A

Must be completely incapable of forming the MR

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12
Q

DPP v majewski

A

Voluntary intoxication is not a defence for basic intent crimes

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13
Q

R V Clegg

A

Use of excessive force may not reasonable

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14
Q

R v Johnson

A

Didn’t know what they were doing was wrong

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15
Q

R v Hennessy

A

Disease of the mind is internal

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16
Q

R v quick

A

Must be an external factor for automatism

17
Q

R v coley

A

Not available for if they knew they would be intoxicated (automatism)

18
Q

R v sharp

A

Duress by threat not available is associated with gang

19
Q

R v brandford

A

Safe avenue of escape should be used if under duress

20
Q

R v deana

A

Self defence can be preemptive strike

21
Q

R v Williams

A

Self defence must be necessary force

22
Q

R v palmer

A

Stablishes self defence

23
Q

Bratty v AG

A

Definition automatism

24
Q

R v Cole

A

Must be nexus between durrsss crime and crime committed

25
Q

R v Wright

A

Threat can be for outside immediately family