Defences Flashcards
What are offences of specific intent?
Where mens rea is intention.
E.g. murder, assault, theft.
What are offences of basic intent?
Where the mens rea includes recklessness e.g. unlawful act manslaughter, assault, criminal damage.
Can voluntary intoxication be used as a defence for offences of basic intent?
No, because becoming intoxicated will automatically satisfy the mens rea of a crime that can be committed recklessly.
Can voluntary intoxication be used as a defence for offences of specific intent?
Yes, due to the fact that they were incapable of forming the necessary intent required.
The jury will decide this based on the range of intoxication.
Can involuntary intoxication be used as a defence to an offence?
Yes for both specific and basic.
This includes where a drink has been spiked or prescribed drugs have been taken which cause unpredictable and aggressive behaviour that one would not normally expect.
What is ‘dutch courage’ and can it be used as a defence?
D deliberately consumes alcohol or drugs to gain confidence to commit a criminal offence.
It cannot be used as an offence.
Can intoxication be used as a defence where they have made a mistake about the circumstances?
Only where their reaction did not exceed that of a sober person in the same situation.
Can lawful excuse be used as an excuse for criminal damage whilst intoxicated?
Yes, where the defendant honestly believes that the owner of the property would have consented given the circumstances.
The intoxication is irrelevant.
What is the defence of self-defence?
Where a defendant may use self-defence of ‘reasonable force’ to defend themselves, their property, another person, prevent crime and assist with the lawful arrest/apprehension of offenders.
What requirements must be met to rely on self-defence?
The victim must pose a threat
The threat must be unjustified
The use of force must be necessary
The degree of force must be reasonable
The defendant must be acting to defend themselves or anything in the above list.
When is the use of force necessary for self-defence?
Must be reasonable to use force rather than escape from the threat.
Pre-emptive strikes may be permitted - must be necessary to ward off an attack.
When is the degree of force considered reasonable?
When a reasonable person would say the force used in the face of threat perceived was reasonable.
D’s characteristics will be taken into account, but psychiatric conditions will not.
What rules apply to householder cases with self-defence?
A householder may use more than proportionate force provided it is not grossly disproportionate.
Must be in defence of a building that is a dwelling, forces accommodation or vehicles/vessels which are dwellings.
