Full Defences Flashcards
What are the five full defences?
-Intoxication
-Self-defence
-Insanity
-Automatism
-Duress
What is intoxication?
Where the D is arguing that they only committed the crime because they were intoxicated - Voluntary or involuntary intoxication
What is the key case for intent in voluntary intoxication?
Majewski - established a distinction between specific and basic intent crimes
What is the case that can be used for gaining intoxication (voluntary) despite basic intent?
Richardson & Irwin - may be available as long as the D would not have seen the risk while sober
Can voluntary intoxication be gained in basic/specific intent crimes?
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)
What is involuntary intoxication?
Not the D’s fault they were intoxicated (drugged/unexpected side effects)
Can involuntary intoxication be gained in basic/specific intent crimes?
Basic + Specific - Yes because D was so intoxicated that they were unable to form the mens rea, however Kingston - “a drugged intent is still an intent”
What is the side rule for voluntary intoxication? (confidence)
Dutch courage - D gets intoxicated to build up confidence for a crime (Gallagher - no defence as they had the intention before the intoxication)
What is the side rule of involuntary intoxication?
Unexpected side effect of prescription drugs (Hardie) - the defence can be used
What is self defence? name the key act
Criminal Justice & Immigration Act S.76 - defence used to protect yourself, others, or prevent a crime
What is stage one of self defence?
S.76 (3) - the force must be NECESSARY, a genuine belief under the circumstances (Subjective)
What are the three side rules for stage one of self defence?
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)
What is stage two of self-defence?
The force used must be reasonable and proportionate to the threat (subjective)
What is the key case for proportionality in self-defence? (stage 2)
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
How must the D react in stage two of self-defence?
Honestly and Instinctively
What are the side rules for stage two of self-defence?
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
What act sets out insanity?
S.1 Criminal Procedure (Insanity and unfitness to Plead) Act 1991 - 2 doctors needed, 1 in mental health to prove
What case sets out a three stage test for insanity?
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
How is defect of reason defined?
D’s reasoning is impaired, temporary absentmindedness or confusion is not enough (Clarke)
How is a disease of the mind defined?
A physical or mental condition which has an effect on the brain - must be internal
What are the 5 recognised conditions for insanity? name the key cases
-Epilepsy (Sullivan)
-Diabetes, Hyperglycaemia only (Hennessy)
-Sleepwalking (Burgess)
-Schizophrenia
-Chronic Depression
What is the last stage of insanity?
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)
What is automatism? name the key case
Lord Denning in Bratty - ‘an act done by the muscles without control of the mind’ - caused by external factors
What are the five examples of automatism? name the key cases
-Reflex/spasm of bees/sneezing (Hill v Baxtor)
-Diabetes, hypoglcaemia (Quick)
-Concussion
-Hypnotism
-Effects of medication e.g anaesthetic
