Defences Flashcards
What is intoxication ?
Intoxication is the effects of either alcohol or drug use, wherein normal levels of mental functioning can be impaired.
How is intoxication used as a defence for crime ?
Intoxication is used to prove the necessary mens rea is not present due to impairment of mental functioning.
What are the two types of intent crimes, relevant to intoxication ?
- Specific intent crimes
- Basic intent crimes
Examples of specific intent crimes …
Murder, property offences, GBH s.18,
Examples of basic intent crimes …
Assault, battery, ABH, GBH s.20
What is voluntary intoxication ?
Where the defendant brings about his own intoxication, via voluntarily consuming alcohol or drugs.
What is involuntary intoxication ?
Where the defendant takes an intoxicating substance, but is unaware of having done so, or the intoxication is an unwanted side effect.
Why will voluntary intoxiation ALWAYS fail for basic intent crimes ?
For basic intent crimes, recklessness is sufficent to satisfy the mens rea, and as defined by Rv Majewski, becoming intoxicated voluntarily is a reckless course of conduct, so as soon as the D becomes intoxicated it is reckless, therefore the mens rea is satisfied - meaning the defence cannot work.
What is Dutch courage ?
When D becomes voluntarily intoxicated in order to provide courage to commit an offence - this will never work as a defence as the mens rea is satisfied
Which case defines Dutch courage ?
AG for NI v Gallagher
What are the two types of automatism ?
-Insane automatism
-Non-insane automatism
What is insane automatism ?
Where the D is in an automatic state however this is due to an internal factor rather than an external factor - “a disease of the mind”
What test is used to assess the availability of insane automatism ?
M’Naughten rules *
What is non-insane automatism ?
Where the D is in an automatic state, however they are not insane, as for some other reason they were unable to control their actions, acting involuntarily due to an external factor.
Where was the definition of automatism established ?
Lord Denning in Bratty v AG 1663
What did Lord Denning in Bratty v AG 1963 define automatism as ?
“An act done by the muscles, without control by the mind, such as a spasm, a reflex reaction or a convulsion”
What elements are required in order to establish the availability of automatism as a defence ?
- Completely involuntary
- Caused by an external factor
What is meant by completely involuntary ? (+case)
D’s loss of control by the mind must render the movement by his muscles as completely involuntary
What did AG ref No.2 1992, define about “completely involuntary”.
“Needs to be total loss of control”
What is meant by “caused by an external factor”
“There must be a factor, external to the body of the defendant that has caused the involuntary behaviour”
What are some examples, of external factors ?
Serious blow to the head
PTSD due to trauma (Rv T)
Hypoglycemia (Rv Quick)
Swarm of bees in the car while driving….
What is self induced automatism ?
When the defendant brings about the automatic state themselves through their own conduct.
What are the two types of self induced automatism ?
When the defendant knows their conduct is likely to bring about an automatic state.
When the D is unaware their conduct would lead to an automatic state.
Is self induced automatism likely to succeed as a defence ?
Barely ever a successful defence, however situations in which the D is unaware their conduct will bring about an automatic state, is more likely to succeed as a defence.