Defences Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What are the Five general defences?

A

Insanity
Automatism
Intoxication
Self-defence
Duress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the Insanity M’Naughten Elements?

A
  1. Defect of reason
  2. Caused by a disease of the mind
  3. So as not to know the nature and quality of the act or knowing that it was wrong
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

R v Clarke applies to what element of insanity?

A

Defect of reason must be more than mere absentmindedness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Meaning of “defect of reason”

A

Complete loss of the power of reasoning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Sullivan applies to what element of insanity?

A

Disease of the mind - so long as there is a disease which affects the mind, it does not matter what the type of disease is

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Internal factor definition

A

Insanity - defect of reason must be caused by the disease only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Explain the two ways the defendant won’t knwo the Nature and quality of their actions for the defence of insanity

A

There are two ways in which D may not know the nature and quality of the act.

  1. Because they are in a state of unconsciousness or impaired consciousness
  2. Where they are conscious but die to their mental condition they do not understand or know what they are doing.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Windle applies to what element of insanity?

A

D did not know what they were doing was wrong

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Insanity punishments

A

Treatment Orders
Hospital Orders
Secure Hospitals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Automatism explanation

A

Where the defendant’s actions were involuntary but caused by external rather than internal factors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

External causes examples n(automatism)

A

An attack by a swarm of bees
Hypnotism
A blow to the head

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Whoolley applies to what element of automatism?

A

External cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Explaination of Self-induced automatism

A

Reckless = defence only applies to specific intent offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Defendant was not reckless in getting into an automatic state, what offences will the defence of automatism apply to?

A

Defence applies to all offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Explain and identify Basic intent offences

A

This is where the mens rea is intention or subjective recklessness.

Assault, battery, s.47 ABH, s.20 GBH, unlawful act manslaughter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Explain and identify Specific intent offences

A

This is where the mens rea for the offence is intention only and not subjective recklessness.

s.18 GBH and murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

R v Bailey states what about the defence of automatism?

A

Automatism could be a defence to a specific intent crime

18
Q

Intoxication elements

A
  1. Whether the intoxication was voluntary or involuntary
  2. Whether the offence is a basic or specific intent offence
19
Q

DPP v Majewski applies to what element of intoxication?

A

Voluntary intoxication

20
Q

Lipman applies to what element of intoxication?

A

Voluntary intoxication

21
Q

Kingston applies to what element of intoxication?

A

Involuntary intoxication

22
Q

Involuntary intoxication - when does it apply?

A

Involuntary intoxication will only be a defence if D was so intoxicated that he/she was unable to form the mens rea required

23
Q

s.3 of the Criminal Law Act 1967 sets out which defence?

A

Self defence

24
Q

Set out the Self-defence elements

A
  1. Was it necessary to use some force?
  2. Was the force used reasonable/proportionate?
25
Q

Was it necessary to use some force - is this a subjective or object test for the defence of self-defence?

A

Subjective test

26
Q

s.76(5) Criminal Justice and Immigration Act states what about the defence of self-defence?

A

If Ds honest held belief that force was necessary was due to intoxication, then the defence of self defence will not be available

27
Q

Explain the rule of Self defence and intoxication

A

If Ds honest held belief that force was necessary was due to intoxication, then the defence of self defence will not be available

28
Q

s.76(6A) states what about the defence of self-defence?

A

D is not under a duty to retreat but it is a factor to be taken into account when considering whether force was necessary and proportionate.

29
Q

Explain the rule of Self defence and duty to retreat

A

D is not under a duty to retreat but it is a factor to be taken into account when considering whether force was necessary and proportionate.

30
Q

If D is the aggressor (self-defence) what is the rule?

A

If D is the initial aggressor but V then responds with disproportionate force D may then use proportionate force to defend him/herself and the defence will still be available.

31
Q

R v Martin applies to what element of self-defence?

A

Was the use of force reasonable?

32
Q

Was the use of force reasonable? Is this an objective or subjective test for the defence of self-defence?

A

Objective test

33
Q

The rule for Self-defence and householders

A
  1. A person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action
  2. Evidence that D had only done what he/she honestly and instinctively thought was necessary was strong evidence that the response was reasonable.
  3. D is not regarded as having acted reasonably if the degree of force was grossly disproportionate
34
Q

s76(7) Criminal Justice and Immigration Act 2008 applies to what element of self-defence?

A

Self-defence and homeowners

35
Q

Duress of threats elements

A
  1. Threat to cause death or serious injury
  2. Threat must be directed at D or immediate family
  3. D must act reasonably
  4. Threats must relate directly to the crime actually committed by the defendant
  5. Imminent threat
  6. The defendant cannot use the defence if they have voluntarily exposed themselves to the threats
36
Q

What tests are uses to establish of Defendant acted reasonably? (duress)

A
  1. Was D actually compelled to act as he/she did because he/she reasonably feared serious injury or death
  2. Would a sober person of reasonable firmness, sharing the characteristics of D, have responded in the same way? (R v Graham)
37
Q

R v Graham applies to what element of the defence of duress?

A

Would a sober person of reasonable firmness, sharing the characteristics of D, have responded in the same way?

38
Q

R v Cole applies to what element of the defence of duress?

A

Threats must relate directly to the crime actually committed by the defendant

39
Q

R v Hasan applies to what element of the defence of duress?

A

Cannot rely on the defence of duress when threats were self-induced e.g. joining a gang

40
Q

Willer applies to what element of the defence of duress?

A

Duress of circumstances