Defences Flashcards
How does intoxication operate to negate mens rea?
Basic intent: would D have formed MR if sober?
Specific intent: Did D still form necessary MR?
When can intoxication negate mens rea?
- Involuntary
- Bona fide pursuance of medical treatment
- Non-dangerous drugs
- Specific intent is required
Which offences may have intoxication defence available where the defendant was involuntarily intoxicated?
All
What does not count as involuntary intoxication?
mistaken as to strength of alcohol
Which offences may have intoxication defence available where the defendant was voluntarily intoxicated?
specific intent only
How does voluntary intoxication work for basic intent offences?
Would defendant have forseen risk if they weren’t intoxicated
What are dangerous drugs?
alcohol and illegal drugs
How does intoxication connect with self defence?
Cannot rely on drunken mistake as to need to use self defence
Who proves if a victim consented/the defendant believed the victim consented?
Prosecution
What is the general rule for which offences the defence of consent is available?
Assault and battery
When may consent be available as a defence to offences of ABH or worse?
- Intended only to commit battery with consent and
- Did not see risk of inflicting ABH
What are the public interest exceptions for the defence of consent to ABH or worse?
- Medical treatment
- Sport
- Horseplay
- Personal adornment
- Risk of acquiring STD (not HIV)
- Lawful correction of a child
What situations can self defence be used for?
- Protect themselves
- Someone else
- Property
- Prevent a crime or
- Assists in arrest of an offender
What is the test for self defence?
- D honestly believed that use of force was necessary and
- Level of force was objectively reasonable in the circumstances as D believed them
What type of defence is self defence?
All or nothing
