Defences Part 1 Flashcards
what does criminal liability require
- AR
- MR
- no defence
what does the A deny when denying an essential element of the crime
a. that they committed the AR
b. or the necessary MR
what is justification
actus reus and mens rea can be established BUT there is an explanation or justification
what is excusatory
A admits the act alleged, but claims that the conduct should be excused due to the lack of MR
what are the four special defences
- Alibi
- Incrimination
- Mental disorder/ automatism
- Self Defence
what is alibi
- When the offence was committed the A was elsewhere
- Defence must be clear and offer details as to the whereabouts of the A at the time the offence was committed
what is incrimination
- Crime committed by another person - case of mistaken identity
- Incrimination is; ‘it wasn’t me, it was X who did it’
what was stated under S51A Criminal Procedure (S) Act 1995
a person isn’t criminally responsible for conduct constituting an offence, if the person was at the time of the conduct, unable by reason of mental disorder to appreciate the wrongfulness of the conduct
what doesn’t mental disorder cover
- Irresistible impulses, an inability ‘to control’ conduct
- Voluntary intoxication, e.g. drinks or drugs freely taken
what three disorders were stated under the Mental disorder Definition per s328 Mental Health (care and treatment) (s) Act 2003
- Mental illness
- Personality disorder
- Learning disability