Defences

Question 1

Mental characteristics cannot be considered for loss of control

Answer 1

Jersey v Holley

Question 2

Have a defence at common if defending themselves or another from attack

Answer 2

Duffy

Question 3

Shot burglars in the back, cannot consider psychiatric conditions when assessing excessive force

Answer 3

Martin

Question 4

On the facts as perceived by D, was the force reasonable for self-defence?

Answer 4

Gladstone Williams

Question 5

No defence if justified in using some force but uses excessive

Answer 5

Clegg

Question 6

Duress is not a defence to murder

Answer 6

Howe

Question 7

Must be threat of death or serious harm for duress

Answer 7

Hicks

Question 8

Damage to property not sufficient for duress

Answer 8

Lynch

Question 9

Must be complete loss of control for automatism

Answer 9

AG’s Ref No. 2 of 1992

Question 10

Epilepsy insanity not automatism

Answer 10

Sullivan

Question 11

LSD killed monster girlfriend, voluntary intoxication not disease of the mind

Answer 11

Lipman

Question 12

Sexual infidelity doesn’t qualify

Answer 12

Clinton

Question 13

Sleepwalking is an external factor

Answer 13

Burgess

Question 14

PMT constitutes abnormality of the mind (DR)

Answer 14

Smith

Question 15

Jealousy constitutes abnormality of the mind (DR)

Answer 15

Miller