Defences

Question 1

Which offences may voluntary intoxication be a defence to?

Answer 1

Specific intent offences, if intoxication was such that D was incapable of forming the intention needed to satisfy the MR

Question 2

What are specific vs basic intent offences

Answer 2

Specific: intention is required
Basic: recklessness is also allowed

Question 3

When is intoxication involuntary?

Answer 3

• D didn’t known he was taking the substance
• D took a non-dangerous or prescription drug that had an unusual effect on him

Question 4

Which offences is involuntary intoxication a defence to?

Answer 4

Any offence, as long as D lacked MR

Question 5

What are the 2 self-defence defences?

Answer 5

• use of reasonable force to defend himself/another
• use of reasonable force to prevent crime or assist with lawful arrest

Question 6

What is the evidential burden for self-defence?

Answer 6

D must raise self-defence, and prosecution must disprove it beyond reasonable doubt

Question 7

What are the 2 conditions for self-defence to apply?

Answer 7

• use of force must’ve been necessary (subjective), and
• force must’ve been reasonable (objective)

Question 8

When is the force in self-defence not reasonable?

Answer 8

When it’d disproportionate

Question 9

When is force in self-defence not reasonable in householder cases?

Answer 9

When it’s grossly disproportionate

Question 10

Who is a householder?

Answer 10

Doesn’t have to be an owner, but can’t be a trespasser

Question 11

Can D use a pre-emptive strike in self-defence?

Answer 11

Yes, if he honestly believed the force was necessary to prevent a specific and imminent attack