Defences Flashcards
1
Q
Two types of defences
A
- Statutory
- Common Law Defences
2
Q
Statutory defences
A
- Infancy
- Defence of self or another
- Defence of property
- Insanity
- Compulsion
3
Q
Common Law Defences
A
- Impossibility
- Necessity
- Consent
- Intoxication
- Mistake
- Sane automatism
4
Q
Impossibility
A
Complying with the law must be factually impossible and the circumstances beyond the accused control.
5
Q
Necessity
A
He or she has a choice between two evils and the lesser involved breaking the law.
6
Q
Consent
A
Mostly related to sexual offending and can be applied to assaults.
7
Q
Intoxication
A
Intoxication is not a defence for a crime. However the fact the accusers was intoxicated can be taken into account when assessing if the accused formed the Mens Rea.
8
Q
Sane Automatism
A
An action without conscious volition.
