Defences Flashcards
May make a plea in mitigation
Falconer v Jessop
Alibi
HMA v Laing - must specify time and place
Incrimination
Flannigan v HMA
Accident
McCue v Currie
Ignorance of the law is not a defence
Clark v Syme
Self defence - complete
HMA v Doherty
- imminent danger to life
- no reasonable opportunity to escape
- force must be proportionate
Defence of a third party
HMA v Carson
Dewar v HMA - no requirement to escape in this situation
provocation by infidelity
Hill v HMA
Provocation - partial
Copolo v HMA
- a recognised provocation
- a resulting loss of self control
- immediate retaliation
- resulting in a proportionate response/ a reaction that could be expected of the ordinary person
Provocation by violence
Gillon v HMA
3rd party provocation
Donnelly v HMA - does not extend to 3rd parties
Necessity - complete
Moss v Howdle - immediate danger
No reasonable alternative course of action was available - Moss v Howdle
Conduct must have had a reasonable chance of removing the danger LAR No1 2001
Coercion - complete
Thomson v HMA
- immediate threat of death/bodily harm
- ordinary person condition
- must not have risked being subject to coercion
Trotter v HMA - threat must have been able to be carried out immediately
HMA v Docherty - doesn’t have to be a threat to accused specifically
Diminished responsibility
Section 51B
Diminished responsibility
Statutory but extra -
Rogers v HMA - voluntary ingestion of drugs/alcohol cannot be taken into account
