General Defences Flashcards
1
Q
Types of general defences
A
Capacity-Deny MR entirely
Necessity-necessary to commit crime
2
Q
General Rules of Defence
A
Voluntary-defence for specific intent
Involuntary-defence for specific/basic intent
3
Q
What crimes are of specific intent, and which are basic?
A
Specific-Murder, S18 GBH
Basic-Assault, battery, ABH, S20 GBH
4
Q
3 Questions
A
Are they intoxicated-Kingston
In/Voluntary? (Hardie) (Allen)
Specific/Basic intent crime? (Majewski)
5
Q
R v Hardie
A
Spiking or not knowing impact of drug can be involuntary
6
Q
Majewski
A
Voluntarily drunk: got in fight and kicked a police officer. Prosecuted
