General Defences 1 Flashcards
Intoxication, Self Defence and Insanity
What are the two types of intoxication?
Voluntary- Your choice
Involuntary- Not your choice eg spiked drink
What is the definition of intoxication?
Where the D is arguing that they only committed the crime because they were intoxicated and therefore they could not form the mens rea.
What is a specific intent crime?
Crimes that can only be committed with intention.
What is a basic intent crime?
Crimes which can be committed intentionally or recklessly.
What are some examples of specific intent crimes?
- Murder
- Unlawful Manslaughter
- s18 GBH
- Robbery
- Theft
What are some examples of basic intent crimes?
- Assault
- Battery
- ABH
- s20 GBH
What does Majewski say about specific intent crimes? (voluntary intoxication)
Defence is available if D was so intoxicated they could not form the mens rea (intention).
What does Majewski say about basic intent crimes? (voluntary intoxication)
Defence is not available as the fact that the D got voluntarily intoxicated is evidence of recklessness therefore the crime is complete.
What is the first side rule of voluntary intoxication?
Richardson and Irwin says defence may be available as long as the D would not see a risk even if they were sober.
What is the second side rule of voluntary intoxication?
Gallagher states that the defence is not available if D gets intoxicated to gain confidence to commit a crime as they formed the mens rea before they committed the crime. (Dutch courage)
What does Kingston say about involuntary intoxication?
Defence is available for both specific and basic intent crimes as long as D is so intoxicated they could not form the mens rea as a ‘drugged intent is still intent.’
What is the side rule for involuntary intoxication?
Unexpected side effects of prescription drugs. (Hardie)
What is the definition of self defence?
s76 of the Criminal Justice and Immigration Act 2008 states that force can be used to protect yourself, protect someone else or prevent a crime.
What is stage one of self defence?
s76(3) states that the D must genuinely believe that the force was necessary in the circumstances. Therefore the defence is subjective, it looks at D’s point of view.
What is the first side rule for stage1 of self defence?
s76(4) states the defence is available even if the D makes an unreasonable mistake as long as the belief is genuine/ (Gladstone Williams)