Defences Cases

Question 1

Dpp v Majewski

Answer 1

Basic intent crimes will always fail for intox

Question 2

R v Lipman

Answer 2

Specific intent may work sometimes

Question 3

AG for NI v Galleger

Answer 3

Dutch courage

Question 4

R v Kingston

Answer 4

Invol intox may work for basic and intent

Question 5

R v O’Grady

Answer 5

Mistake

Question 6

R v Hatton

Answer 6

Self defence will never work for intox

Question 7

The M’Naghten Rules 1843

Answer 7

The defendant was suffering from a defect of reason, From a disease of the mind and the Defendant does not know the nature and quality of the action; or, if he or she does know it, does not know it is legally wrong.

Question 8

R v Clarke

Answer 8

needs to be more than absent mindedness and confusion

Question 9

R v Kemp

Answer 9

disease of the mind- affected his memory, reasoning and understanding

Question 10

R v Sullivan

Answer 10

Epilepsy

Question 11

R v Hennessy

Answer 11

Diabetes

Question 12

R v Burgess

Answer 12

Sleepwalking

Question 13

R v Oye

Answer 13

not knowing nature or quality of the act

Question 14

R v Windle, R v Johnson

Answer 14

d does not know that he was legally wrong

Question 15

Burrell v Harmer, R v Donovan

Answer 15

valid consent

Question 16

R v Tabassum

Answer 16

real consent medical qualifications were in question

Question 17

R v Dica

Answer 17

consent on transmission of disease

Question 18

Brown and Others

Answer 18

exceptions to the rules
Properly conducted games and sports
Tattooing and branding
Sexual activity
Horseplay
Surgery
Lawful chastisement
(Dangerous exhibitions, medical procedures and haircuts)

Question 19

R v Williams (Gladstone)

Answer 19

mistakes and self defence

Question 20

O’Grady

Answer 20

mistakes self defence and intoxication

Question 21

R v Bird.

Answer 21

premptive strikes

Question 22

R v Rashford

Answer 22

defendant is the initial aggressor

Question 23

R v Press and Thompson

Answer 23

was the force reasonable

Question 24

Howe

Answer 24

duress is not available for murder or attempted murder

Question 25

R v Hasan 2005

Answer 25

set out the tests for duress

Question 26

Valderrama – Vega

Answer 26

There must be a threat to cause death or serious injury

Question 27

Hudson & Taylor

Answer 27

Must be effective but not always immediate

Question 28

R v Graham, Graham Test

Answer 28

Whether the defendant acted reasonably in the light of the threats will be judged objectively

Question 29

R v Bowen

Answer 29

the jury are allowed to take some of the defendant’s characteristics into account.

Question 30

R v Gill

Answer 30

There was no evasive action the defendant could have taken

Question 31

R v Sharp

Answer 31

The defendant cannot use the defence if they have voluntarily laid themselves open to threats

Question 32

Lord Denning in Bratty v AG

Answer 32

An act which is done by the muscles without any control by the mind such as spasm, a reflex action or a convulsion

Question 33

Hill v Baxter

Answer 33

completely involuntary

Question 34

R v Quick

Answer 34

caused by an external factor