criminal law general defences

Question 1

if d feels they have a valid reason why they have commited a criminal offence they can put forward a defence.

Answer 1

• it is more likley tehy get a reduced senstnce then getting a not guilty
  special defence = not guilty

Question 2

capacity defences

Answer 2

insanity
automatism
intoxication

Question 3

insanity

Answer 3

it is a special defence = not guilty
d needs to prove they fall into m’naughton ruels

Question 4

m’naughten rules

Answer 4

• defect of mind
  -leads to disease of mind =leads to not knowing nature of their act.

Question 5

m’naughten

Answer 5

suffered from extreme paranoia
he killed the wrong person - led to house of lords clarifying rules on insanity - it is used to this day

Question 6

R v Hennesay

Answer 6

not bee taking insulin as wife had left. due to that didnt realise he had taken a car.
held - insanity applys to this