defences

Question 1

Answer 1

Intoxication is not really a defence in itself. Intoxication does not prevent a defendant from using a defence.

Question 2

Answer 2

Involuntary = spiking etc.

Question 3

Answer 3

Dangerous drugs = alcohol, prescribed drugs being taken recklessly. Drugs commonly known to cause a person to be aggressive, antisocial, unpredictable.

Non-dangerous drugs = drugs not known to cause adverse effects.

Question 4

if D has voluntarily taken a dangerous drug/alcohol and committed a basic intent offence…

Answer 4

Check what type of offence D committed: basic or specific intent?

Basic (recklessness in the MR) = assault, battery, s47, s20.
Specific = s18 only

Current test in Coley = would D have formed the MR if sober?

Difficult to rely on Coley test, but may help with learning difficulties, clumsiness etc (e.g., may have knocked something over anyway)

Question 5

Kingston test:
Voluntary but non-dangerous
Voluntary but dangerous and specific
Involuntary and dangerous
Involuntary and non-dangerous

Answer 5

Has D formed the MR in his intoxicated state?

Drunken intent is still intent

Question 6

Question 7

Question 8

Express consent:
only really applies to non-fatal offences.

• Theft and criminal = own version of consent in statute.
• Cannot consent to murder.

Answer 8

1. Did V consent, or did D genuinely believe V consented?
2. Is this an offence V can consent to? (assault and battery - yes; harm - no).

Question 9

Answer 9

• Medical treatment;
• Lawful chastisement;
• Sport;
• Horseplay;
• Tattooing;
• Sexual gratification/ accidental infliction of harm (however, s71 Domestic Abuse Act 2021, a person cannot consent to harm that results in ABH or more).
  BUT Meachen: a victim can consent where D intended to commit a battery with the consent of the victim, and D did not see the risk of inflicting ABH (accidental ABH whilst intending/recklessly causing battery).

Question 10

what is general rule on consent?

Answer 10

V can only consent to assault or battery, unless an exception applies

Question 11

Self-defence
Complete defence (Clegg; CJIA 2008).

Answer 11

Applies where D acts to:
* Protect themselves;
* Protect someone else
* Protect property;
* Prevent a crime; or
* Assist in the arrest of an offender.

Question 12

Subjective test: Did D honestly believe force was necessary? (Gladstone)

Answer 12

Cannot rely on self-defence if voluntary intoxication on mistake, unless it was an honest mistake.

Can rely even if:
* V is initially in the wrong (e.g., trespassing)

Question 13

Objective test: reasonableness in non-householder cases

Answer 13

Non-householder
1. take into account that their response was in the heat of the moment
2. just enough to protect themselves = strong indication of reasonable

Question 14

Question 15

Objective test: reasonableness in householder cases
Used for: protect themselves or another
Not used for: protecting property, preventing a crime

Answer 15

Householder
* self-defence i.e., protecting yourself or another, but not protecting property, preventing a crime
* uses force while in or partly while in a building, or part of a building, that is a dwelling
* D is not a trespasser at the time the force is used; and
D believed V to be in or entering the building or part as a trespasser

Question 16

how much force can a non-householder case apply when defending themselves?

Answer 16

as much force as the defendant was facing

Question 17

householder cases

Answer 17

can use a proportionate and a disproportionate amount of force; but not grossly disproportionate