Defences Flashcards
why is automatism a defence?
for criminal conduct the act must be voluntary and willed. if a person has total loss of control, their actions cannot be these thing - they cannot be held liable for their actions
when can intoxication be a consideration for a defence in murder?
Voluntarily intoxicated - may be able to show they were so intoxicated they were incapable of forming the mens rea. it is a defence for a specific intent
This cannot be used as a defence for offences that require basic intent e,g, assault
Involuntary intoxication may be used for basic and specific intent offences
a misjudge of the strength of intoxicants does not count as involuntary intoxication
drugs and drink
what is used to judge insanity?
the M’Naghten rules
basically the defendant must show that at the time of the offence he was suffering with some mind based disease which meant he did not know that he was doing wrong or that it rendered him unaware of the nature and quality of the act committed
an epileptic fit and a diabetic episode have both been found to fit under insanity
when might a “mistake or inadvertence” be a defence?
someone walks out of a shop unaware they have something not paid for - they lack the mens rea of the crime - there is no dishonest element to the theft
must be a honest and genuine held mistaken belief
could be a defence where there is an intent - a particular state of mind (is a genuine and honest held mistake)
there is no defence to claim a mistake in law, as all people are presumed to know the law once it is made
when is duress a defence?
when someone is threatened with death or serious physical injury unless they carry out a criminal act
when involving an offence of intent, it must be shown the intent was formed as a result of the duress only
threat can be made to loved ones also
not available as a defence in murder or attempt murder
the threat or death or injury must be anticipated at or near the time of the offence
no defence if it can be shown that there were options of evasive action or escape
if person knowingly exposes themselves to risk or threat or death i.e. joining a gang - duress is not a defence
who is applicable to marital coercion?
a wife may have a defence of being coerced by her husband, where she was overborne by wishes of husband and was forced unwillingly to participate
no need to show a threat of death or serious injury
when can reasonable force be used?
self defence defence of another defence of property prevention of a crime lawful arrest execution of duties
