EXAM Defences To Homicide

Question 1

Self defence and defensive homicide

Answer 1

The accused must prove he or she:

• had belief their action was necessary to prevent serious injury or death
• had reasonable grounds for this belief

Question 2

Duress

Answer 2

Accused must show there was an extremely serious threat to themselves or close one of death or serious injury. Accused must reasonably believe:

• threat of harm will be carried out unless they commit the crime
• committing crime is the only reasonable way of avoiding harm

Question 3

Sudden or extraordinary emergency

Answer 3

Person will not be found guilty of homicide if they reasonably believe that:

• sudden emergency or situation
• actions are the only reasonable way of dealing with the situation

Question 4

Mental impairment

Answer 4

This defence exists when the person was suffering a mental illness at the time of the crime and as a result the person:

• did not know what he/she was doing
• did not think about conduct like ordinary people

Question 5

Automatism

Answer 5

Is concerned with involuntary actions which aren’t caused by disease of the mind and for it to be accepted it must be shown the act was:

• involuntary; spasm or reflex action
• unconscious; sleepwalking

Question 6

Itoxication

Answer 6

If the accused is so drunk or effected by drugs that he/she cannot form men’s Rea

Question 7

Accident

Answer 7

If mens Rea did not exist the accused cannot be found guilty of a crime