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
What is stage one of automatism? name the key case
D must have lost full control of their actions, so the actus reus is involuntary (Broome v Perkins)
What is the side rule for stage one of automatism?
Self induced - defence is not available if D knows they will be in an automatic state (Bailey)
What is stage 2 of automatism?
D must not have the mens rea for the crime. Lord Denning - “without any control of the mind” to be successful
What are the offences duress cannot be used for?
-Murder (Howe)
-Attempted murder (Gotts)
-Treason
What are the two types of duress?
-Duress by threats (Stages 1-5)
-Duress by circumstances (Stages 2-5)
What is stage one of duress?
D must have committed a crime which was nominated by the person making the threat (Cole)
What is stage two of duress?
the threat must be of death or serious injury. Threats against property are not enough (Valderamma-Vega)
What is stage three of duress?
The threat must be against D or someone who they are responsible for (Wright)
What is stage four of duress?
The threat must be immediate or almost immediate so that the D does not have time to go to the police (Hasan)
What is stage five of duress?
Should the D have resisted the threats? If so, they will lose the defence
What is the first question of the two part test for stage 5 of duress? name the key case
Graham:
1) Did the D act because they reasonably believed that they or another would suffer death or serious injury? (Subjective)
What is the second question for the two part test in stage 5 of duress?
2) Would a “sober person of reasonable firmness” but sharing D’s characteristics have responded by committing the offence? (Objective)
What characteristics are considered in stage 5 of duress? name the key case
Bowen:
-Age
-Pregnancy
-Physical disability
-Mental disability
What is the side rule for duress? name the key case and question to prove
Self induced - if D brought pressure on themselves (joining a gang)
Hasan - should the D have anticipated the threat? if so, defence is lost
