Defences 2 Flashcards
Automatism
D’s actions not under the control of their conscious mind.
Physical: Heart attack, brake failure, bees.
Mental: Blow to head/sleepwalking.
Limits:
Where D retained limited control.
Where there was prior fault by D.
Condition giving rise to automatism can be brought within insanity.
West Norfolk Health Authority v Department of Health
Family planning guidance provided.
Available to all ages.
Under 16s encouraged to involve parents ASAP.
Break of confidentiality might cause some to not seek advice.
Parent sought assurance that advice would not be given w/o consent.
Authority refused, final judgement: Doctor.
Held: Doctors conduct not unlawful.
Appeal: 16y/o incapable of consent.
Treating undermined rights of parents, only excusable in best interests of child.
Appeal: No statutory limit on age.
Interests of child subjective, age no longer a factor.
Doctor prescribing contraceptives in best interests of V would not be criminally liable.
R v Mowatt 1967
D and another stopped V.
D2 snatched £5 from V and ran away.
V grabbed D, questioning where D2 had gone.
D punched V, seen astride him, beating him.
D claimed self defence.
D convicted of larceny and unlawful wounding.
Appeal: Judge didn’t direct on ‘Maliciously.’
Held: Summing up not required, would serve only to possibly confuse the jury.
Appeal dismissed.
Moriarty v Brooks 1834
D, pub owner, & V, patron, argued over payment.
D came as if to attack, D put himself into fighting stance.
Scuffle ensued, V suffered cut over eye but was not turned out of pub.
Held: D’s fighting stance not provocation given D’s aggressive approach.
D guilty of assault.
R v Doyle 2010
D visited V, with whom he’d been having a sexual relationship.
Asked to live together, denied.
D assaulted V.
Later resumed relationship, assaulted again, tied her up.
Later untied, demanded intercourse.
V claimed to say no.
D forced himself on V, who resisted but then submitted to the act.
D convicted of rape.
Appeal: V’s body language implied consent.
Held: V not consenting at moment of penetration, could not reasonably believe so.
Later submission irrelevant.
Appeal denied.
R v Saunders 1985
D convicted of assault occasioning ABH.
Appeal: Judge omitted ‘really’ before serious injury in summing up.
Held: Irrelevant, a broken nose qualifies regardless.
Validity of appeal questioned.
