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Criminal Law (AQA) > Full Defences > Flashcards

Full Defences Flashcards

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1
Q

What are the five full defences?

A

-Intoxication
-Self-defence
-Insanity
-Automatism
-Duress

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2
Q

What is intoxication?

A

Where the D is arguing that they only committed the crime because they were intoxicated - Voluntary or involuntary intoxication

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3
Q

What is the key case for intent in voluntary intoxication?

A

Majewski - established a distinction between specific and basic intent crimes

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4
Q

What is the case that can be used for gaining intoxication (voluntary) despite basic intent?

A

Richardson & Irwin - may be available as long as the D would not have seen the risk while sober

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5
Q

Can voluntary intoxication be gained in basic/specific intent crimes?

A

Specific - Yes if the D could not form the mens rea
Basic - No as D intended to be intoxicated therefore they were reckless; however (Richardson&Irwin)

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6
Q

What is involuntary intoxication?

A

Not the D’s fault they were intoxicated (drugged/unexpected side effects)

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7
Q

Can involuntary intoxication be gained in basic/specific intent crimes?

A

Basic + Specific - Yes because D was D was so intoxicated that they were unable to form the mens rea, however Kingston - “a drugged intent is still an intent”

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8
Q

What is the side rule for voluntary intoxication? (confidence)

A

Dutch courage - D gets intoxicated to build up confidence for a crime (Gallagher - no defence as they had the intention before the intoxication)

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9
Q

What is the side rule of involuntary intoxication?

A

Unexpected side effect of prescription drugs (Hardie) - the defence can be used

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10
Q

What is self defence? name the key act

A

Criminal Justice & Immigration Act S.76 - defence used to protect yourself, others, or prevent a crime

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11
Q

What is stage one of self defence?

A

S.76 (3) - the force must be NECESSARY, a genuine belief under the circumstances (Subjective)

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12
Q

What are the three side rules for stage one of self defence?

A

Mistakes - S.76 (4) defence still available if its genuine (Gladstone Williams)
Intoxicated Mistakes - no defence if intoxicated
Pre-emptive Strikes - D can make first strike (Beckford)

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13
Q

What is stage two of self-defence?

A

The force used must be reasonable and proportionate to the threat (subjective)

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14
Q

What is the key case for proportionality in self-defence? (stage 2)

A

Lord Morris in Palmer - if the D is under attack it is difficult to weigh up exactly how much force they should use in return

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15
Q

How must the D react in stage two of self-defence?

A

Honestly and Instinctively

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16
Q

What are the side rules for stage two of self-defence?

A

Excessive force - loses the defence (Martin)
Self-defence at home - Crime and Courts Act 2013, it can be disproportionate as long as it is not grossly disproportionate

17
Q

What act sets out insanity?

A

S.1 Criminal Procedure (Insanity and unfitness to Plead) Act 1991 - 2 doctors needed, 1 in mental health to prove

18
Q

What case sets out a three stage test for insanity?

A

M’Naghtens case - D suffers from a defect of reason, caused by a disease of the mind and they must not understand the nature and quality of their actions

19
Q

How is defect of reason defined?

A

D’s reasoning is impaired, temporary absentmindedness or confusion is not enough (Clarke)

20
Q

How is a disease of the mind defined?

A

A physical or mental condition which has an effect on the brain - must be internal

21
Q

What are the 5 recognised conditions for insanity? name the key cases

A

-Epilepsy (Sullivan)
-Diabetes, Hyperglycaemia only (Hennessy)
-Sleepwalking (Burgess)
-Schizophrenia
-Chronic Depression

22
Q

What is the last stage of insanity?

A

D must not understand the nature and quality of their actions - did not know what they were doing was wrong or understood the consequences (Windle)

23
Q

What is automatism? name the key case

A

Lord Denning in Bratty - ‘an act done by the muscles without control of the mind’ - caused by external factors

24
Q

What are the five examples of automatism? name the key cases

A

-Reflex/spasm of bees/sneezing (Hill v Baxtor)
-Diabetes, hypoglcaemia (Quick)
-Concussion
-Hypnotism
-Effects of medication e.g anaesthetic

25
Q

What is stage one of automatism? name the key case

A

D must have lost full control of their actions, so the actus reus is involuntary (Broome v Perkins)

26
Q

What is the side rule for stage one of automatism?

A

Self induced - defence is not available if D knows they will be in an automatic state (Bailey)

27
Q

What is stage 2 of automatism?

A

D must not have the mens rea for the crime. Lord Denning - “without any control of the mind” to be successful

28
Q

What are the offences duress cannot be used for?

A

-Murder (Howe)
-Attempted murder (Gotts)
-Treason

29
Q

What are the two types of duress?

A

-Duress by threats (Stages 1-5)
-Duress by circumstances (Stages 2-5)

30
Q

What is stage one of duress?

A

D must have committed a crime which was nominated by the person making the threat (Cole)

31
Q

What is stage two of duress?

A

the threat must be of death or serious injury. Threats against property are not enough (Valderamma-Vega)

32
Q

What is stage three of duress?

A

The threat must be against D or someone who they are responsible for (Wright)

33
Q

What is stage four of duress?

A

The threat must be immediate or almost immediate so that the D does not have time to go to the police (Hasan)

34
Q

What is stage five of duress?

A

Should the D have resisted the threats? If so, they will lose the defence

35
Q

What is the first question of the two part test for stage 5 of duress? name the key case

A

Graham:
1) Did the D act because they reasonably believed that they or another would suffer death or serious injury? (Subjective)

36
Q

What is the second question for the two part test in stage 5 of duress?

A

2) Would a “sober person of reasonable firmness” but sharing D’s characteristics have responded by committing the offence? (Objective)

37
Q

What characteristics are considered in stage 5 of duress? name the key case

A

Bowen:
-Age
-Pregnancy
-Physical disability
-Mental disability

38
Q

What is the side rule for duress? name the key case and question to prove

A

Self induced - if D brought pressure on themselves (joining a gang)
Hasan - should the D have anticipated the threat? if so, defence is lost

Criminal Law (AQA) (10 decks)

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