Defences

Question 1

Defence/Voluntary Intoxication

What is the difference between:
Basic Intent Offence
Specific Intent Offence

Answer 1

Basic Intent Offence means proof of recklessness is sufficient

Specific Intent Offence means nothing less than proof of intention will suffice

Question 1

Defence/Involuntary Intoxication

What type of MR can the D refute via an Involuntary Intoxication Defence?

2 types of MR…

Answer 1

D can refute he had MR due to involuntary intoxication for offences that have MR of either “intention” OR “recklessness”

Question 2

Defence/Intoxication

Defence of Voluntary Intoxication will not help in which classification of Offence?

Answer 2

Voluntary Intoxication is no defence to a Basic Intent Crime (i.e. recklessness suffices for MR)

Getting voluntarily drunk is in itself reckless

Question 3

Defence/Duress

2 types of Duress

Answer 3

Duress by Threat
Duress by Circumstance

Question 4

Defence/Duress

What are the 2 Questions to determine Duress by Circumstance?

Answer 4

1. Was D impelled to act as they did due to what they reasonably believed to be situation in which they had good cause to fear death or serious injury?
2. If so, would a sober person of reasonable firmness, with the characteristics of the D respond as D did?

If yes to both, D must be acquitted. Its OK if its a mistaken belief.

Question 5

Defence/Duress by Threat

2 Part Test for Duress by Threat

if the offence isn’t murder/attempt & he didn’t associate

Answer 5

1. D must be overborne by threat of death or injury- against D or someone they responsible for. Threat could be performed immediately and D could only escape by committing the crime (subjective)
2. A sober person of reasonable firmness sharing Ds characteristics would have responded as D did (objective but of Ds age, sex, pregnancy, serious physical disability, psych condition)

Question 6

Defence/Self-Defence

D can use force in what 3 scenarios?

Answer 6

1. To protect themselves or others
2. To protect property
3. To prevent crime

Question 7

Defence/Self-Defence

s76 Criminal Justice & Immigration Act 2008 enshrines common law self-defence principles

There’s 4…

Answer 7

1. Reasonablness of force judged on facts and circs’ as D believed them to be.
2. An intoxicated mistake about the above is no defence.
3. Excessive or disproportionate force is not reasonable.
4. D isn’t expected to “weigh to a nicety” the exact measure of action- if its honest and instinctive this may be seen as evidence of reasonable force.

Question 8

Defence/Self-Defence

What 2 conditions must be satisfied if D uses Self-Defence?

Re: the Force used..

Answer 8

1. Use of some force must be neccessary (as per the facts that D believed them to be & a mistake must be genuine but no need for it to be reasonable)
2. The actual force used must be proportionate- objective test here- would a reasonable person consider that appropriate degree of force used in view of the danger that existed or as D belived it to be?

Jury can take into account Ds physical chracteristics

Question 9

Defence/Self-Defence/Householder Cases

What degree of force is acceptable in Householder cases as per s76(5A) CJIA 2008?

Answer 9

Any degree of force acceptable as long as its not “grossly disproportionate” (rather than not “proportionate”)

Includes where V enters house lawfully and then becomes a trespasser

Question 10

Defence/Self-Defence/Anticipatory

Is there a Duty to Retreat in English law if using Self-Defence?

Answer 10

No.

D can also walk into trouble & use an unlawful weapon.