Defending crime Flashcards
1
Q
When can the defendant not be guilty?
A
If the mens rea or actus reus wasn’t formed
2
Q
What can the defendant do if he did form the actus reus and mens rea?
A
Try to use a defence
3
Q
What are the two types of defences?
A
Capacity defences
Necessity defences
4
Q
What are capacity defences?
A
Defendant could not form the mens rea
5
Q
What are necessity defences?
A
Defendant did form mens rea but has an excuse
