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LAW - CRIMINAL > Defences > Flashcards

Defences Flashcards

1
Q

What are the 2 types of defences?

A
  • Capacity
  • Necessity
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2
Q

Key Elements of Insanity

Capacity Defence

A
  • Based on M’Naghten rules 1843
  • Established 3 key rules:
    1) Defect of reason
    2) As a result of a disease of the mind
    3) Causes D to not know nature and quality of the act
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3
Q

Key Elements of Defect of Reason

Insanity

A
  • Doesn’t include absentmindedness or being confused
  • Can’t just be failing to use their power of reasoning
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4
Q

Disease of the Mind

Insanity

A
  • Legal term, not medical
  • Must be supported by medical evidence
  • Must originate from an internal source
  • Includes:
    > brain tumores
    > epilepsy
    > depression
    > schizophrenia
    > paranoia
    > diabetes
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5
Q

Not Knwoing the Nature and Quaility of the Act

Insanity

A
  • If D knew actions were wrong then they’re liable, even if they have medical condition
  • Means physical nature, not moral element
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6
Q

Consequences of an Insanity Verdict

Insanity

A
  • Hospital order
  • Supervision order
  • Absolute discharge
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7
Q

R v Burgees 1991

Insanity

A

D attacked V while sleepwalking

Sleepwalking is an internal factor, therefore insanity

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8
Q

R v Quick 1973

Insanity

A

D was diabetic. Didn’t eat enough food and attacked a patient

Can’t use insanity as was an external factor - insufficient food

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9
Q

Define Automatism

Capacity Defence

A
  • An act done by the muscles without any control by the mind
  • E.g. a spasm or convulsion, or someone who is not conscious of what they’re doing
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10
Q

Elements of Automatism

Automatism

A
  • Must be an external factor:
    > Being struck on the head
    > Slipping on ice
    > Hiccups
    > Coughing fit
  • Must be a total loss of control:
    > Impaired, reduced or parital control is invalid
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11
Q

What is Self-Induced Automatism

Automatism

A
  • D knows their conduct will bring out an automatic state, e.g. intoxication
  • Exception where D doesn’t know their voluntary actions would cause automatism
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12
Q

R v T 1990

Automatism

A

D had exceptional stress. Exceptional stress only sufficent for partial control loss

Can’t use automatism as only sufficent for partial control loss

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13
Q

Bailey 1983

Self-Induced Automatism

A

D was diabetic, failed to eat after taking insulin. Became agressive and hit V with iron bar

D liable as automatism was self-induced

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14
Q

Intoxication

Capacity Defence

A
  • Includes drugs, alcohol and other substances
  • Can affect mens rea & therefore liability
  • Can be voluntary or involuntary
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15
Q

Voluntary Intoxication

Intoxication

A
  • D chooses to take substance
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16
Q

Specific Intent Crimes For Intoxication

Intoxication

A
  • If D is so intoxicated that they cant form mens rea, then it is complete defence
  • If D still has intent of mens rea, they can be guilty of the offence
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17
Q

Basic Intent Crimes For Intoxication

Intoxication

A
  • If recklessness is sufficent for mens rea, then D will be liable if voluntarily intoxicated
  • Becoming intoxicated is sufficent for recklessness of mens rea, and shows intent for crimes like ABH and common assault
18
Q

Involuntary Intoxication

Intoxication

A
  • Where D was unaware of taking intoxicating substances
  • Can be spiking drinks
  • If involuntarily intoxicated and didn’t form mens rea, not quilty
  • If D did form mens rea when involuntarily intoxicated, then can be liable
19
Q

DPP v Majewski 1977

Intoxication

A

D drank lots and took drugs. Got into fight.

D liable of ABH as was reckless at to getting intoxicated

20
Q

R v Kingston 1994

Intoxication

A

A known pedo drank a drugged coffee (was involuntarily intoxicated). Went on to abuse young boy.

Was liable as was still aware of what he was doing

21
Q

What are the 3 Necessity Defences?

A
  • Self-defence/The prevention fo crime
  • Duress by threats
  • Duress of circumstances
22
Q

Define Self-Defence

Necessity Defence

A
  • Using reasonable force in order to defend oneself
23
Q

What 2 Things Are Looked at in Self-Defence?

Self-Defence

A
  • Was the use of force necessary?
  • Was the forse reaosnable in the circumstances?
24
Q

Was the Force Necessary?

Self-Defence

A
  • Subjective Test
  • Based on D’s genuine belief
25
Was the Force Reasonable in the Circumstance? | Self-Defence
- If D honestly and instinctively thought level of force was necessary then its likely to be deemed reasonable - Takes into account slight over-reaction in pressure - If force used once danger is gone, defence not avaliable
26
Genuine Mistakes in Self-Defence | Self-Defence
- If D made genuine mistake then jury decide if force was necessary in circumstances - Jury decide if D honestly believed it was needed - Mistake must be genuine, judged on facts of case
26
Genuine Mistakes in Self-Defence | Self-Defence
- If D made genuine mistake then jury decide if force was necessary in circumstances - Jury decide if D honestly believed it was needed - Mistake must be genuine, judged on facts of case
27
R v Martin (Anthony) 2002 | Self-Defence
D shot burglar and killed him. | Held to be excessive force, not self-defence as V was making his escape
28
R v Williams 1987 | Self-Defence
D gradded V, who he thought was attacking a youth | Was a genuine mistake and in prevention of crime so conviction quashed
29
What is Duress?
- Someone is forced to commit crime due to being threatened of death or serious injury
30
Duress by Threats | Necessity Defence
- Threat has to be: > A threat of serious injury or death > Threat must be to D or someone with close relationship to D
31
Graham Test 1982 | Duress by Threats
- Was D compelled to act as they did because they reasonably feared death or serious injury? * (SUBJECTIVE)* - Would a sober person of reasonable firmness and same characteristics have acted in same way? *(OBJECTIVE)*
32
No Safe Avenue of Escape | Duress by Threats
- If there is a safe way to escape then must be persued - Can only claim if there is no safe way of escaping
33
Self-Induced Duress | Duress by Threats
- If D aware they may be put under duress then can't use defence - E.g. If D joined gand and commits offences, but is then forced into committing other crimes
34
Gill 1963 | Duress by Threats
D claimed wife was threatened if he didn't steal a lorry. | Couldn't claim as he had opportunity to 'raise the alarm'
35
R v Gotts 1992 | Duress by Threats
D was 16. D was threatened by his dad to stab his mum | Was no defence to attempted murder
36
Duress to Circumstance
- Someone commits a crime because of the circumstances they found themself in
37
Martin Test | Duress to Circumstance
1) From an objective POV , D acted reasonably and proportionatley to avoid threat of death or serious injury 2) 2 part **Graham Test** applies (under duress of threats)
38
R v Conway 1988 | Duress to Circumstance
D drove fast after thinking he was shot at. | Duress avaliable if from an objection pov D was acting to avoid threat
39
DPP v Davis 1994 | Duress to Circumstance
D drove while intoxicated to avoid being attacked | Convictoins quashed and duress by circumstances were avaliable

LAW - CRIMINAL (6 decks)

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