Defences Flashcards
what is the difference between insanity and automatism?
insanity is caused by internal factors
automatism is caused by external factors
what is the standard of proof for insanity?
on balance of probabilities
what is the special verdict given for an insanity case?
‘not guilty by reason of insanity’
what did the domestic violence, crime and victims act 2004 talk about
sentence of an insanity crime
- a hospital order indefinitely
- a hospital order for a specific period of time
- a guardian order
- a supervision and treatment order
- an order for absolute discharge
what were the 3 rules decided by m’naghten?
a case is insanity if-
1. defect of reason
2.disease of the mind
3. did not know the nature and quality of the act or, if he did not know the act was wrong
what is defect of reason and what case decided it?
inability to use powers of reason, not failing to use power of reason
R v Clarke
what case shows that physical diseases can affect the mind
R v Kemp
what case decided that epilepsy can be used as insanity
R v Sullivan
what case shows that sleep walking can be insanity
R v Burgess
what is the difference between hypoglycemia and hyperglycemia?
hypOglycemia - too much insulin (not a defence)
hypERglycemia - too much blood sugar (is a defence)
case to show hypo and hyper glycemia
hypo - R v Quick (automation)
hyper - R v Hennessy (insanity)
what does ‘not knowing the nature and quality of the act’ mean
- they didn’t know what they were doing
- they did not appreciate the consequences of what they were doing
- they did not appreciate the circumstances in which they were acting
example where someone does and an example where someone doesn’t know what they are doing
do know - R v Windle
don’t know - R v Oye
what case decided that intoxication plus insanity doesn’t count as intoxication is an external factor
R v Coley
what is the definition of automatism and who said it?
‘a complete loss of voluntary control that is not caused by what the person could reasonably foresee and is not a self-induced incapacity or one that was a result of a diseased mind’
Smith J
what are the 3 main aspects to find for automatism
- external cause
- action must be completely involuntary
- automatism must not be self-induced
example of sneezing being an external cause in automatism
R v Whoolley
Which case is the bees swarming the car being an example of automatism
Hill v Baxter
can stress be used as an external cause in automatism?
sometimes
PTSD was successful used in R v T but not successful in R v Narborough
which type of diabetes can be used in automatism
hypoglycemia - R v Quick
what 2 things did Lord Denning describe automatism to be in Bratty v AG for NI?
- must be an act done by muscles without any control by the mind
- person must not be conscious of what they are doing
what was said in R v Bailey about proving recklessness?
The question in each case will be whether the prosecution have proved the necessary element of recklessness
example of a crime not being self induced
R v Hardie
Took out of date valium and too much of it
what case leads that alcohol and drugs can’t be used as a defence in automatism
DPP v Majewski
what is the definition of self defence and where did it come from?
’ the use of such force as is reasonable in the circumstance’
s3(1) criminal justice act 1967 - ‘a person may use such force as is reasonable in the circumstance’
what are the 2 things questions in the criminal justice and immigration act 2008 s.76?
1 - was the force necessary? (subjective and the defendant’s honest belief)
2 - was the level of force used reasonable in those circumstances? (objective judgement for jury)
what principle was decided in R v Gladstone Williams?
must judge the defendant on what they honestly believed the situation to be - even if mistaken
example where someone honestly thought that force was necessary
Dewar v DPP
example where force was not necessary
Buckley v DPP
what was said in the criminal justice and immigration act 2008 s.76 (6)?
the degree of force used by d has to be proportionate
where was it decided that if the level of force used is proportional is to be assessed by the jury?
R v Press and Thompson
case to show that proportionate force can become disproportionate if the danger has passes
R v Clegg
what is said about self defence in you own home in criminal justice and immigration act 2008 s.76 (5A)?
for householders, force which is grossly disproportionate will not be reasonable
example where someone reacted in a grossly disproportionately way
R v Ray
example where someone reacted in a proportionately way
Denby Collins
what was the definition of ‘grossly disproportionate’ in Denby Collins
a degree of force that went completely over the top
what is a case example for preemptive strike?
R v Bird
what happens if the defendant is the aggressor? and a case to show that
defendant will only lose the defence by being the aggressor throughout the situation
R v Rashford
what was the principle from R v Keane
if you are the aggressor you can’t use self defence if causing someone to fight back (so that you can use more serious violence) was your intention
what are the 2 types of duress?
Duress by treats - when the defendant feels compelled to act criminally because of a threat made to them or others
Duress of circumstances - where circumstances force you to act, rather tan a person
what case showed that duress cant be used as a defence for murder?
R v howe
what is the definition of duress and where did it come from?
A- v Whelan
‘threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance
what are the 5 rules for duress and where were they established?
R v Hasan
- There must be a threat to cause death or serious injury.
- The threat must be directed against the defendant or their immediate family ,or someone close to them.
- Whether the defendant acted reasonable in light of the threats (assessed objectively).
- The threats relate directly to the crime committed by the defendant.
- The defendant cannot use the defence if they have voluntarily laid themselves open to threats.
case example where there was a high enough level of treat for duress to be successful
and where the level of threat was not valid
successful - R v Valderrama-Vega (1985)
not successful - MacGrowthers Case (1746)
The threat must also be present at the moment the crime is committed but doesn’t need to be immediate
example
R v Hudson & Taylor (1971
example of a threat bein directed at someone valid
R v Ortiz
his family
what were the 2 rules decided in R v Graham about ‘did the defendant act reasonable’
- was the defendant compelled to act as they did because they reasonable believed they had good cause to fear serious injury or death?
- would a sober person of reasonable firmness, sharing the same characteristics of the accused, have responded in the same way?
what are the 5 characteristics to be taken into account when talking about a reasonable firmness and where did it come form?
R v Bowen
1. Age
2. Pregnancy
3. Serious physical disability
4. Recognised mental illness
5. Gender: Product of it’s time…
what is a case to show that the D can only rely on the defence if the threats are made in order to make them commit a specific offence?
R v Cole
case example showing you cant use duress as a defence if the defendant laid themselves open to threats
R v Fitzpatrick
case to show that duress will fail as a defence is the defendant could have escaped
R v Gill
what are the rules used for duress of circumstances?
the same as duress by threat but the threat comes from a situation rather than a person
case to show that in duress of circumstances, there bust still be a threat of serious injury
one that succeeded and one that failed
succeeded - R v Willer (drove onto curb to avoid gang)
failed - Cichon v DPP (took muzzle off dog to let it throw up)
what did R v Martin confirm to do with threat direction
Confirmed that threat can be directed at themselves, their family or someone they feel responsible for.
and
confirmed the two stage test in Graham
