General Defences

Question 1

Difference between insanity as a denial and insanity as a defence

Answer 1

Denial: Yes, I killed the person but I thought he was a tree therefore I lack intent for murder

Defence: Yes, I killed the person and intend to kill him but the voices in my head told me to do it

Question 2

Insanity as a defence

Answer 2

1) D must suffer from a disease of the mind
2) This must have caused a defect of reason
3) This must have caused a lack of responsibility, either because D did not know the nature or quality of the act, or she did not know it was legally wrong

Question 3

Define duress by threat

Answer 3

D commits a crime because of threats by a person that he (or someone else) will be killed / seriously hurt

Question 4

Define duress of circumstances

Answer 4

Similar to duress by threat, but D is not threatened by a person

Question 5

What is duress not a defence to

Answer 5

1) Treason offences
2) Murder
3) Murder as a secondary party

Question 6

Duress - questions of scope

Answer 6

1) How serious, and how specific must the threat be?
- must be death or serious harm

2) Who must be threatened and by whom?
- usually D

3) D’s response to the threat. Must the threat have caused the offence/ Must the threat be imminent? (Could D have called the police?)
4) What if we think that the D should have been able to withstand the threat?